The Courts Flashcards

1
Q

Altogether, who are the courtroom players in a trial process?

A

The judge, the attorneys, the defendant, the plaintiff (in a civil case), the prosecutor (in a criminal case), the witnesses, and the jury (if applicable).

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2
Q

What is the responsibility of the Prosecuting Attorney?

A

representing the government in criminal cases, investigating crimes, deciding charges, and presenting the case in court.

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3
Q

What is the responsibility of the Defense Attorney?

A

to protect the rights of their client and ensure they receive a fair trial.

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4
Q

What is the responsibility of the Judge?

A

to ensure legal fairness and justice by interpreting laws, applying them to cases, and making impartial decisions based on court evidence.

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5
Q

What is the responsibility of the Jury?

A

to listen to trial evidence, determine what facts it establishes, and then decide if the defendant is guilty or not guilty in a criminal case or liable in a civil case.

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6
Q

What happens when there is a hung jury?

A

occurs when a jury cannot reach a unanimous verdict, either for guilt or innocence, resulting in a mistrial.

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7
Q

What is the difference between a criminal trial and a civil trial?

A

Criminal trials covers state v. individual situations, whereas civil trials address individual v. individual cases.

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8
Q

Explain the concept of a dual court system in the United States?

A

The U.S. has a dual court system, with federal courts handling cases involving federal laws and state courts handling cases involving state laws.

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9
Q

What is the difference between a trial court and an appellate court?

A

Trial courts determine facts and apply the law to specific cases, while appellate courts review decisions made by lower courts to ensure legal procedures were followed correctly.

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10
Q

What is the responsibility of the justices of the United States Supreme Court?

A

Supreme Court justices interpret the Constitution and federal laws.

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11
Q

What’s the difference between federal court and state court?

A

Federal courts handle cases involving federal laws and the Constitution, while state courts handle cases involving state laws.

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12
Q

What does the division between federal courts and state courts do?

A

Allows for both national and local legal matters to be addressed within their respective jurisdictions.

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13
Q

What types of cases does the United States Supreme Court hear?

A

They hear cases involving important legal questions that affect the entire nation.

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14
Q

What’s potential penalties for criminal trials?

A

Jail time or fines.

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15
Q

Whose the members of the courtroom work group?

A

The courtroom work group typically includes judges, prosecutors, defense attorneys, bailiffs, court reporters, and clerks.

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16
Q

How did Roper vs. Simmons change the death penalty?

A

Roper vs. Simmons (2005) outlawed the execution of juvenile offenders, holding that it constitutes cruel and unusual punishment in violation of the 8th Amendment. This decision marked a significant shift in the application of the death penalty in the United States.

17
Q

What is Gideon vs. Wainwright and what did it do?

A

Gideon vs. Wainwright (1963) is a landmark Supreme Court case that established the right to counsel for indigent defendants in felony cases. This decision ensures that all individuals, regardless of their ability to pay, have the right to legal representation.

18
Q

What is plea bargaining and why does it happen?

A

A defendant pleads guilty to fewer charges in exchange for a reduced sentence or other concessions from the prosecution in plea bargaining.

19
Q

What is the bifurcated trial process in a death penalty case?

A

A bifurcated trial process separates the guilt phase, where the jury determines guilt or innocence, from the penalty phase, where the jury decides the appropriate punishment, such as life imprisonment or death.

20
Q

What are the FIVE basic philosophies or reasons for sentencing offenders?

A

Retribution, deterrence, incapacitation, rehabilitation, and restoration are sentencing principles. Deterrence prevents crime, incapacitation removes offenders from society, rehabilitation reforms criminals, and restoration repairs crime-related harm.