trial procedures Flashcards
constitutional protection against unfair gov actions
due process
when do you have due process protection
when you are accused of breaking a law
what are some examples of due process protections
- no search without warrants
- Preliminary Hearing
- Miranda Rights
- Provided lawyer if needed
which amendment requires the national gov to provide due process
5th Amendment
which amendment requires the states to follow the due process
14th Amendment
who made the decision that the bill of rights needed to be followed by the states
the supreme court
what are the two types of trials that the federal court hears
civil and criminal
what type of case would it be if you were accused of a crime
criminal case
what kind of case would it be if someone filed a complaint against you
civil case
what is another term for civil cases
lawsuits
what the court do in a criminal case
decides if the defendant is guilty of breaking the law or not
what does the court do in a civil case
decides who wins the dispute
what are 2 different types of crimes
felony
misdemeanor
what is a minor crime
misdemeanor
what is a major crime
felony
what is needed for a magistrate judge to issue a search or arrest warrant
probable cause
what is a probable cause
a good reason to believe someone has committed a crime
when do you find out what crimes are you accused of committed
at an arraignment
what happens at an arraignment
attorney appointed
plea is entered
jail or bail decided
what happens when you are accused of commited a felony
there will be a preliminary hearing by the grand jury. If they indict, there will be a trial
the steps of a criminal case
arrest
plea
trial
appeal
steps of a civil case
complaint filed
trial
ruling
appeal
in a criminal trial, who can appeal to the verdict
the defendant. gov is not allowed to appeal because of double jeopardy
in a civil trial who can appeal to the ruling of the court
either the defendant or plaintiff. no jeopardy because the law was not broken so no gov involved.
who is the plaintiff in a criminal case
the gov
who is the defendant in a criminal case
the person being accused of the crime
who is the plaintiff in a criminal case
person filing the complaint
who is the defendant in a civil case
the person being sued
