Card Set Information

2011-10-31 21:13:00

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  1. bench trial
    a trial by which a judge without a jury
  2. legislative body
    a statute is a form of law created by
  3. plea bargaining
    charge bargaining
    count bargaining
    90 percent of felony convictions, and changing the plea to get you to plea guilty

    charge- arrest in ADW, lesser charge if pleads guilty

    count barg- someone robbed 10 diff areas if you plea to all of them then you can only get charged one count of robbery
  4. arrainment/ initial appearance
    where arrestees will be brought before the judege and advised of their rights and the charges, and be given a change to make bail.

    • 1. told of charges filled
    • 2. told of their rights, not miranda but amendment rights
    • 3. verify their idenity
    • 4. have person enter a plea
  5. 4th amendment
    unreasonable search and seizure
  6. civil case

    ...so the burden of proof need for a victory in a civil case is..
    • 1.purpose= $
    • 2.proof- propndurance of evidence has to be 51 percent or more and jury has to believe it is more likely then not (75percent)

    3.no representation

    ...propondurance of evidence which would be 51 percent or more
  7. obtaining clients is only half the problem facing private attorneys who rep criminal clients, the second half is
    the second half is getting paid. criminal lawyers are more concerned than other lawyers with collection of the fee, usually a flat rate
  8. due process is in which amendments
    5th and the 14th amendment.
  9. prosecution and the defense are the
    two major adversary actors in the criminal justice system
  10. on a felony case which is least likely a lawyer is present?
    crime, arrest, charging, grand jury, discretionary apeal
  11. crime control model
    conservatives who says it is more important to protect the public then to protect the criminals.

    • there job is to:
    • 1. breakdown of indiv responsibility
    • 2. most likely to determine if guilty or innocent
    • 3. process guilty defendant quickly
    • 4. technicalities let crooks go free
    • 5.punishment will deter crime
  12. 6th amendment
    • 1. intitled for a jury trial
    • 2. right to counsel
    • 3.right to confront witness
    • 4. right to sopeona
    • 5. informed of the charges
  13. the highest burden of proof is
    beyond the reasonable doubt
  14. appellate courts

    do and not do
    not do- trial, witnesses dont testify, and dont use a jury

    do. look at records of a lower court, look at past violations and review motions
  15. res judicata
    a matter already judged and final judgement is no longer subject to appeal
  16. equity in law
    fairness, standardized and is associated with the judges
  17. adversarial system
    is pursuing the truth
  18. law
    establishes social order and requires coercion
  19. marbury vs. madison
    the court has the authority to declare an act of congress unconsitutional.
  20. most lawyers in colonial america received their training
    thru apprendaship. ex. worked thru judges
  21. standarized in different countys ( which provides standards of education is what?
    uniformity of legal education
  22. bar association
    sets bar standards by each state
  23. jurisdiction
    • geographical things that occur in certain areas and cannot be prosecuted in a differnet place.
    • ex. subject matter, civil courts lack jurisdiction than criminal
    • ex. juvenile matter is handled diff than adults
  24. long arm statutes
    It is a provision in law that allows a state to exercise jurisdiction over somebody living in another state.
  25. norm
    indicates social expectations of what is right or normal
  26. laws can be conceived by
    statutes of governing society
  27. natural laws
    serves to limit the power of government
  28. case method
    conservative approach to law
  29. law school first years
    are usually the same as all law schools to keep consistancy
  30. uniformity of legal education
    increases the predictability of the law
  31. the states sets the
    standards for admissions of practice of law
  32. considering a case, appellate courts never permit new testimony? T or F
  33. the supreme court provides elaborate explanations for why it declines to hear a case. T or F
    F supreme court does not have to hear about it
  34. amendment 1
    • freedom of speech
    • freedom of press/ media
    • freedome of religon
    • petition of the government
    • freedom of assembly
  35. 5th amendment
    • establish grand jury
    • due process
    • self-incrimmination
    • double jepordy
  36. 8th amendment
    • no excessive bail
    • no cruel and unusually punishment
    • no excessive fines
  37. criminal case
    • 1. punishment
    • 2. beyond the reasonable doubt, jurors -100 percent
    • 3. public rep
  38. crime
    a violation of the law
  39. consensual encounter
    does not have to have a reason but have to have the permission. no justification needed
  40. detention
    reasonable suspicion, must have this to justify an encounter to detain them. detention takes place at the scene.

    reasonable suspicion, reason to believe they will, did, or about to commit a crime
  41. arrest
    taking a person into custody authorized by the law. the police officer or private person

    probable cause, why you think they did something
  42. infraction
    lowest level a fine
  43. misdemeanor
    punishable up to a yr in county jail, or probation, fine or any combination of there of
  44. felony
    crime of which you can go to state prison, death, probation, fine or any combination of there of
  45. bail
    making sure the person will come back and cause no harm to the public. protection of the public
  46. preliminary hearing

    • did a felony occur
    • and is it possible this person
  47. trial
    finding a fact
  48. sentencing
    • retribution-punish the person
    • rehabilitation- fix them and change them to fit to go back

    restoration- if possible make everyone whole

    deterrance-if you understand something will happen if you do something wrong.

    incapacitation- denie them acess to victims or remove them from doing it
  49. parole
    • 1. cannot be on parole unless you been in prison
    • 2. parole is finishing your sentence from the outside
    • 3. rights taken away
    • 4. administered at the state level
    • 5. parole officer is assigned
  50. probation
    • 1. instead of jail
    • 2. administered by the judge or court level
    • 3.formal- assigned probation officer
    • informal- never see your probation officer again and wont see them untill you commit a crime again
  51. exclusionary rule
    if you do not obtain evidence legally, the your case can be taken out. made for law enforcement
  52. direct and circumstantial
    direct- absolute

    circu- take a known fact and infer it to something else
  53. proof
    the outcome/result of a well presented evidence
  54. due process
    liberals- more important to protect the criminal then the public. make sure they went into the system correctly and lawfully
  55. statutory law
    legislative body creates this
  56. case law
    appallete process and allocations of future cases
  57. constitutional law
    establish relationship between the people and government and resolve disputes between states