Study for final Flashcards
Define civil law
Legal disputes between people and organizations concerning contracts, property, or familial issues.
Only monetary compensation
What is standard of proof in civil case?
preponderance of the evidence:
- less strict than beyond reasonable doubt
- which side is more likely to be true
What is Plainview doctrine (4th amend) and what is needed for it to apply
Can collect evidence if it is in plain view w/out warrant
- officers must have the right to be in the viewing area
- cause to believe that evidence is associated with criminal activity
4th amend
establishes legal boundaries for search an seizure
search and seizure
- police officers DO NOT need a search warrant in ALL CIRCUMSTANCES
What is a search warrant?
Order issued by magistrate and directed to a law officer that commands a search of a specified premise and it can be orally communicated or written
Bail decision, purpose of bail
Occur at first appearance
ensure the appearance of the accused individual at trial l
Types of jurisdiction
- hierarchial
- subject matter
valid obJections
- non-responsive
- argumentative
- specualtion
- hearsay
- relevance
- leading question
- foundation
- asked and answered
- vague
- compound question
- privilege
- badgering the witness
What are NOT valid objections
- unfair lol
- assumption of facts not in evidence
probable cause & why is it important for officers to know
Facts that would lead a reasonable person to conclude that a criminal act will be, is, or has been committed.
Officers should know bc this is important for search warrants and stops etc.
What is treatise? What are two requirements for learned treatise in court?
Treatise is an extensive book on a specific topic/ subject
- authoritative
- relevant
aka recognized as reliable in field + relevant in case
STEPS in criminal trial
trial initiation
jury selection
opening statements
presentation of evidence
closing arguments
judge’s charge to the jury
jury deliberations
verdict
Role of defense attorney
- representing the accused
- appealing a conviction
- testing strength of prosecutors case
- participating in plea negotiations
What is deposition
How attorneys gather information before trial, outside of court, to obtain testimonies, all sworn under oath
Grand juries characteristics and duties
- determines if an accused individual should be held over for an actual trial
- meets in secret, with no opportunity for the accused to cross-examine witnesses
- may initiate prosecution independent of the prosecutor
- issue indictments charging someone with a crime
NOT determining guilt
what is the exclusionary rule?
illegally obtained evidence cant be used in court
What is the purpose of objections
Stop inadmissible info from being said in court to preserve the record for appeal
What is preemptory challenge when excluding juror
When an attorney wants to exclude juror for superficial reasons / without real reason
- left comment saying there’s a limited number of these challenges
Guilty plea
defendant admits to crimes they are being accused of
Nolo contendre
defendant does not admit guilt but does not contest the charges against them
Not guilty
defendant does not admit guilt for the crimes and does not accept charges against them = trial
What are prosecutors required to do
- assist the defense in building case by making available any evidence in possession