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Law and Public > Unit 5 Study Guide > Flashcards

Unit 5 Study Guide Flashcards

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1
Q

Who is a certified officer that maintains order in the court?

A

Bailiff

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2
Q

Who is the referee of the courtroom?

A

Judge

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3
Q

Who is the person against whom the crime has been committed?

A

Victim

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4
Q

Who is selected before the trial by the procedure and defense attorney?

A

Jury

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5
Q

Who is a representative of the state?

A

Procesutor

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6
Q

Who is an employee of the court that records everything that is said in the trial?

A

Court reporter

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7
Q

Who represents the defendant?

A

Defense Attorney

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8
Q

Who is accused of committing the crime?

A

Defendant

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9
Q

What should the prosecutor not do for the police officer?

A

Tell them what to say

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10
Q

What does the defense attorney emphasize to the jury during their closing statement?

A

Why their client is innocent

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11
Q

The first series of questions asked by the prosecutor when presenting their case is called?

A

Direct examination

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12
Q

The first questions asked by the defense when the other side is presenting their case is called?

A

Cross-examination

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13
Q

What prevents illegal questioning?

A

Objection

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14
Q

If a defendant waives their right to a jury, who decides their guilt or innocence?

A

Judge

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15
Q

The judge says this when the prosecutor or defense attorney has an issue with a question?

A

Overruled

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16
Q

The judge says this when a witness can answer a question that an attorney has an issue with?

A

Sustained

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17
Q

What amendment protects the defendant from testifying?

A

5th Amendment

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18
Q

What is it called if the jury cannot decide the guilt or innocence of the person on trial?

A

Hung Jury

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19
Q

What should a witness always tell?

A

Truth

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20
Q

How does a witness address a judge?

A

Your honor

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21
Q

What determines whether a case enters through the state or federal court system?

A

Which law has been broken

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22
Q

What defines the jurisdiction of each court?

A

Law

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23
Q

Which types of state courts are mostly organized at the town, municipal, or county levels?

A

Lower level

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24
Q

Which state courts can order a new trial?

A

Appellate Courts

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25
Q

What federal court has nine justices?

A

U.S. Supreme Court

26
Q

What federal court reviews cases from the lower courts?

A

U,S. Courts of Appeals

27
Q

What federal court is the primary trial court of the U.S. system?

A

U.S. District Courts

28
Q

The plaintiff the one who brings the charges and the respondent the one on trial?

A

Civil Law

29
Q

Punishment is monetary, jail or prison, probation, community service, if they are found guilty?

A

Criminal Law

30
Q

Punishment often times monetary which is paid to another person or institution?

A

Civil Law

31
Q

What kind of law has the burden of proof of “beyond a reasonable doubt”?

A

Criminal Law

32
Q

What kind of law has the burden of proof of “preponderance of the evidence”?

A

Civil Law

33
Q

What kind of law deals primarily with individual or property rights?

A

Civil Law

34
Q

Some examples of this type are arson, rape, and armed robbery.

A

Criminal Law

35
Q

In this type of law, determination of guilt results in punishment.

A

Criminal Law

36
Q

The Supreme Court can strike down an unconstitutional law.

A

True

37
Q

If you break a law, your case will probably be in a state court system.

A

True

38
Q

The federal court system was created by Congress.

A

True

39
Q

When you ask a higher court to review your case, you are making an appeal.

A

True

40
Q

You are arrested for a crime. What are you now entering?

A

The court system

41
Q

After arrest, the police obtain info about you, fingerprints, and a photo. What are they doing?

A

Booking

42
Q

Officer writes a statement of facts. He refers to this as an affidavit.

A

Complaint

43
Q

What can the officer put in the affidavit that he presents before the judge?

A

Hearsay

44
Q

You commit a crime but are not caught. Police file an affidavit that is signed by the judge.

A

Warrant

45
Q

You are arrested and you are waiting to see the judge for the first time. What is this called?

A

Initial Appearance

46
Q

You can be released until trial but the judge says it will be $5,000. What is he talking about?

A

Bail

47
Q

You appear before the judge the 2nd time to determine if probable cause exists.

A

Preliminary hearing

48
Q

Case is sent to a group who will determine if probable cause you committed the crime.

A

Grand jury

49
Q

You want your attorney to negotiate with the prosecutor for a lesser punishment.

A

Plea bargaining

50
Q

Defendants have people testify to their good character and rehabilitative efforts.

A

Witness

51
Q

What do defendants have a right to when they speak on their own behalf before the judge?

A

Allocution

52
Q

Who can speak on a defendant’s behalf before the judge?

A

No one

53
Q

Who can work with defendants to prepare them for what to say before the judge?

A

The defendant’s attorney

54
Q

What has to be within the range the law has specified for the category if crime?

A

The punishment

55
Q

An alternative punishment in which defendants remain free while meeting certain requirements?

A

Probation

56
Q

Who are defendants responsible for reporting to when they are on probation?

A

Probation officer

57
Q

Defendant violates their probation, they are entitled to this by notification.

A

Probation revocation hearing

58
Q

Defendant can take to cover the new offense they have committed and the probation violation?

A

Plea deal

59
Q

What can defendants file if they disagree with convictions or sentences of their charge?

A

Appeal

60
Q

Why do we have laws?

A

To protect our general safety & ensure rights as citizens

61
Q

Marbury v. Madison

A

A U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that violate the Constitution of the United States

Law and Public (2 decks)

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