Study for final Flashcards

1
Q

Define civil law

A

Legal disputes between people and organizations concerning contracts, property, or familial issues.
Only monetary compensation

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2
Q

What is standard of proof in civil case?

A

preponderance of the evidence:
- less strict than beyond reasonable doubt
- which side is more likely to be true

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3
Q

What is Plainview doctrine (4th amend) and what is needed for it to apply

A

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
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4
Q

4th amend

A

establishes legal boundaries for search an seizure

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5
Q

search and seizure

A
  • police officers DO NOT need a search warrant in ALL CIRCUMSTANCES
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6
Q

What is a search warrant?

A

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

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7
Q

Bail decision, purpose of bail

A

Occur at first appearance

ensure the appearance of the accused individual at trial l

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8
Q

Types of jurisdiction

A
  • hierarchial
  • subject matter
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9
Q

valid obJections

A
  • non-responsive
  • argumentative
  • specualtion
  • hearsay
  • relevance
  • leading question
  • foundation
  • asked and answered
  • vague
  • compound question
  • privilege
  • badgering the witness
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10
Q

What are NOT valid objections

A
  • unfair lol
  • assumption of facts not in evidence
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11
Q

probable cause & why is it important for officers to know

A

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.

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12
Q

What is treatise? What are two requirements for learned treatise in court?

A

Treatise is an extensive book on a specific topic/ subject

  • authoritative
  • relevant
    aka recognized as reliable in field + relevant in case
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13
Q

STEPS in criminal trial

A

trial initiation
jury selection
opening statements
presentation of evidence
closing arguments
judge’s charge to the jury
jury deliberations
verdict

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14
Q

Role of defense attorney

A
  • representing the accused
  • appealing a conviction
  • testing strength of prosecutors case
  • participating in plea negotiations
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15
Q

What is deposition

A

How attorneys gather information before trial, outside of court, to obtain testimonies, all sworn under oath

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16
Q

Grand juries characteristics and duties

A
  • 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

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17
Q

what is the exclusionary rule?

A

illegally obtained evidence cant be used in court

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18
Q

What is the purpose of objections

A

Stop inadmissible info from being said in court to preserve the record for appeal

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19
Q

What is preemptory challenge when excluding juror

A

When an attorney wants to exclude juror for superficial reasons / without real reason
- left comment saying there’s a limited number of these challenges

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20
Q

Guilty plea

A

defendant admits to crimes they are being accused of

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21
Q

Nolo contendre

A

defendant does not admit guilt but does not contest the charges against them

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22
Q

Not guilty

A

defendant does not admit guilt for the crimes and does not accept charges against them = trial

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23
Q

What are prosecutors required to do

A
  • assist the defense in building case by making available any evidence in possession
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24
Q

What is voir dire

A

questioning jurors if they are fit
used to determine if jurors are biased or hold preconceived notion of guilt/ innocence

25
Q

What is verdict form

A

form used by jury to record their decision all questions to consider are outlined
in criminal: guilty / not guilty
Civil: breached a duty? / what damages?

26
Q

What is a tort

A

breach of duty that results in injury to an individual

27
Q

what is a motion

A

oral or written request made to court asking it to take some action

28
Q

what is fresh pursuit doctrine

A

can chase suspect into another jurisdiction if it is happening rn

29
Q

Is daubert followed in FL

30
Q

What is summary judgment

A

in civil case, prodecure is used to decide a case w out trial on the law based on the facts
- no material facts can be disputed
- requested by plaintiff and defendant

31
Q

Rule of law in Joiner

A
  • Abuse of discretion standard is the correct standard for appellate court in reviewing trial courts decision to admit test
  • judge is the gatekeeper for reliability and relevance of expert test

V. general electric co

32
Q

Rule of law Kuhmo + type of case

A
  • Daubert standard applies to all testimony not just scientific analysis
  • judge determines relevance of testimony
  • civil
33
Q

What is needed to meet Frye?

A
  • relevance
  • scientific basis
  • acceptance from scientific community

shown in court

34
Q

Daubert standard rule of law

A
  • scientific backing be used to support testimony
  • judge is gatekeeper
  • is it relevant, is the methodology sound
  • she said error rates
35
Q

What does a remanded case mean

A

sent back to lower courts when appealed

for kuhmo, to use dauberrt standard

36
Q

Frye standard problems

A
  • GENERAL ACCEPTANCE
    = less new methods and techniques
    = what if not everyone agrees
37
Q

Kuhmo tire facts

A
  • Kuhmo tire sued by Carmichael
  • tire blow out caused accident, death, and injuries
  • Carmicheal claimed tire defect
  • expert witness that performed tire analysis
  • testimony thrown out because it was not certain w those methods he could tell if it was old or faulty
38
Q

Daubert Facts

A

Plaintiffs = children with birth defects claimed BENEDECTIN cause birth defect
- Merill dow = defendent
- plaintiffs used studys from a drug that was similar
- not used bc not same drug and merill dow had studies showing no bd

39
Q

Frye facts

A
  • defendent charged with murder
  • defence wanted to do polygraph in front of jury
  • validity of polygraph inconclusive so wasn’t allowed
40
Q

why cant someone other than person who did analysis tesitify?

A

violates 6th amend to confront accusors

41
Q

Fed rule 702

42
Q

interrogatories

A
  • q ask party specific elements and relevant questions
  • no more than 25 q under oath
43
Q

Prosecutorial descretion

A
  • power of ageny to decide how law is applied in situation
  • to charge someone w crime or not
  • also evidence disclosed
44
Q

Presentence report

A

criminal history of defendent

45
Q

critical stage

A

Point in time in crimfinal case where defendent allowed a defense attorney bc They are negatively affected. 6 amended right

46
Q

Arraignment

A

defendeant is formally charged w crime and gives his plea

47
Q

what is blackstone ratio

A

better that 10 guilty persons escape than one innocent suffer

48
Q

when is double jeopardy attached

A

when a jury is sworn in for a jury trial or when first witness is sworn for bench trial

presents person from being charged twice for same offense

49
Q

when is electrostatic lifter used

A

to find impressions such as dust paarticles or footprints

50
Q

why is chain of evidence import

A

preserve integrity and authenticity of evidence
prevents contamination, loss, tampering

important for admission in court

51
Q

who is the plaintiff

A

person/ entity that initiates lawsuit filing complaint against other party, seeking relief

52
Q

what is a leading question

A

phrased in a way that suggests a specific answer

53
Q

what is stipulation

A

formal agreement between opposing parties in a legal case
- fact, provision, or contract

54
Q

How many subcommunities in forensic science

55
Q

transient evidence

A

evidence that can be easily lost or altered if not preserved
ex: odor, temperature, blood drying
photography imp

56
Q

notice to appear

A

written order to come to court and address charges against them

57
Q

lay witness vs expert

A

lay = personal experience and observation

58
Q

sequestering a witness

A

witness cant be present without testifying, cant discuss their testimony w anyone