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civics > trial procedures > Flashcards

trial procedures Flashcards

1
Q

constitutional protection against unfair gov actions

A

due process

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2
Q

when do you have due process protection

A

when you are accused of breaking a law

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3
Q

what are some examples of due process protections

A
  1. no search without warrants
  2. Preliminary Hearing
  3. Miranda Rights
  4. Provided lawyer if needed
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4
Q

which amendment requires the national gov to provide due process

A

5th Amendment

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5
Q

which amendment requires the states to follow the due process

A

14th Amendment

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6
Q

who made the decision that the bill of rights needed to be followed by the states

A

the supreme court

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7
Q

what are the two types of trials that the federal court hears

A

civil and criminal

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8
Q

what type of case would it be if you were accused of a crime

A

criminal case

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9
Q

what kind of case would it be if someone filed a complaint against you

A

civil case

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10
Q

what is another term for civil cases

A

lawsuits

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11
Q

what the court do in a criminal case

A

decides if the defendant is guilty of breaking the law or not

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12
Q

what does the court do in a civil case

A

decides who wins the dispute

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13
Q

what are 2 different types of crimes

A

felony
misdemeanor

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14
Q

what is a minor crime

A

misdemeanor

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15
Q

what is a major crime

A

felony

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16
Q

what is needed for a magistrate judge to issue a search or arrest warrant

A

probable cause

17
Q

what is a probable cause

A

a good reason to believe someone has committed a crime

18
Q

when do you find out what crimes are you accused of committed

A

at an arraignment

19
Q

what happens at an arraignment

A

attorney appointed
plea is entered
jail or bail decided

20
Q

what happens when you are accused of commited a felony

A

there will be a preliminary hearing by the grand jury. If they indict, there will be a trial

21
Q

the steps of a criminal case

A

arrest
plea
trial
appeal

22
Q

steps of a civil case

A

complaint filed
trial
ruling
appeal

23
Q

in a criminal trial, who can appeal to the verdict

A

the defendant. gov is not allowed to appeal because of double jeopardy

24
Q

in a civil trial who can appeal to the ruling of the court

A

either the defendant or plaintiff. no jeopardy because the law was not broken so no gov involved.

25
Q

who is the plaintiff in a criminal case

A

the gov

26
Q

who is the defendant in a criminal case

A

the person being accused of the crime

27
Q

who is the plaintiff in a criminal case

A

person filing the complaint

28
Q

who is the defendant in a civil case

A

the person being sued

civics (6 decks)

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