Study Guide

Question 0

Arraignment process

Answer 0

Charges read, plea, bail is set/ or no bail.

Question 1

Prosecutorial discretion

Answer 1

The prosecution decides how to proceed with a case(charges, drop case or go to trial etc).

Question 2

Objections

Answer 2

Relevance- question calls for info not relevant to case/charges.
Leading question- question leads or helps witness to answer.

Question 3

Burden of proof

Answer 3

(Prosecution)

Must prove guilt beyond a reasonable doubt.

Question 4

Due process of law

Answer 4

Person is innocent until proven guilty in a fair trial.

Question 5

Appeals process

Answer 5

(Defense) asks higher court because first one wasn’t fair or there is new evidence.

Question 6

5th amendment

Answer 6

Protection from self-incrimination.

Question 7

6th amendment

Answer 7

Right to know charges against you, right to a defense lawyer if charged with a crime,right to cross-examine witnesses testifying against you, right to public and speedy trial, right to trial by jury, right to force witnesses to testify.

Question 8

Double jeopardy

Answer 8

If acquitted of a crime, a person maybe not be tried again for the same crime.

Question 9

Vior dire process

Answer 9

Jury selection process. - Judge, pros,def, jurors.

Question 10

Ways to excuse a juror

Answer 10

Challenge for cause, preemptory.

Question 11

Pleas

Answer 11

Guilty, not guilty, no contest.

Question 12

Probation

Answer 12

Suspended sentence, avoid going to jail.

Question 13

Parole

Answer 13

Early release from prison or jail.

Question 14

Felony

Answer 14

Year or more

Question 15

Misdemeanor

Answer 15

Year or less.

Question 16

Criminal court system

Answer 16

State- state superior court.

Federal- U.S district court.

Question 17

4th amendment & exceptions

Answer 17

Protection from unreasonable search& seizure as defined by the Supreme Court.
Exceptions- if a person does not have an “expectation of privacy,” police do not need a warrant.
Ex: gun in car on seat in plain view.

Question 18

7th amendment

Answer 18

Gives you the right to sue someone if you believe they caused you over 20$ in damage to you or your property.

Question 19

Ways to settle a lawsuit

Answer 19

Negotiation- two sides are going to work out a compromise.
Mediation- a 3rd party(retired judge) recommends a settlement.
Arbitration- same as mediation, except the two sides agree in advance to accept the arbitrators ruling.