Chapt. 7-8 Flashcards

(47 cards)

1
Q

What does the concept of double jeopardy guarantee

A

Once exonerated a defendant cannot be tried a second time for the same offense in that particular jurisdiction

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2
Q

Who takes on the role of the negotiator during the pretrial

A

The judge

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3
Q

The supreme court consists of one chief justice along with how many associate justices

A

8

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4
Q

What is voir dire

A

The preliminary questions that a trial attorney ask prospective jurors whether they are biased or have any connection with the defendant or witness

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5
Q

What is juror questionnaire

A

Used to determine your legal eligibility to serve as a juror for our court

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6
Q

What is juror proclamation

A

A declaration or resolution honoring jurors often issues by a government official or court

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7
Q

What is a venire

A

An order issued by a judge or sheriff to summon prospective jurors

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8
Q

Who determines the level of charge to be brought against a suspect

A

A prosecutor

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9
Q

How many U.S. court of appeals does the federal court system have

A

13

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10
Q

What is a challenge for cause

A

A legal challenge in which the attorney states the reason why a prospective juror should not be included on the jury

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11
Q

What amendment contains the confrontation clause of the right to cross examine witnesses

A

Sixth

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12
Q

What is an appeal

A

The process of seeking a higher courts review of a lower courts decision for the purpose of correcting or changing the lower courts judgement or decision

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13
Q

What is disposition

A

The courts final decision in a criminal case

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14
Q

What is deliberation

A

The process where a jury considers the evidence and arguments presented during a trial before the verdict

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15
Q

What are the statutes of limitations

A

Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount on time after the illegal act place

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16
Q

What is the bureaucratic function of the court concerned with

A

Speed and efficiency

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17
Q

What supreme court case held that jurors may not be excluded based on their race

A

Batson v. Kentucky

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18
Q

What is a bench trial

A

A trial conducted without a jury

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19
Q

What is a docket

A

The list of cases entered on a courts calendar to be subsequently heard in that particular court

20
Q

In a courtroom work group who is in charge of maintaining the large amount of paperwork generated during trial

A

Clerk of court

21
Q

What is the job of a bailiff

A

Maintaining the security and order in the judges chambers and court room

22
Q

What is the information charge

A

A formal charge against the accused issued by the prosecutor after the preliminary hearing has found probable cause

23
Q

What is an indictment

A

A formal accusation that someone has committed a crime

24
Q

What is a concurring opinion

A

A separate opinion prepared by judges who support the decision of the majority of the court but who want to express their own particular reasoning

25
What is the initial appearance
The first step towards determining the suspects guilt or innocence after an arrest has been made
26
What is the most important factor in deciding whether to prosecute
Whether sufficient evidence exists to gain a conviction
27
What is the rebuttal stage of the trial
After the defense closes its case the prosecution is permitted to bring new evidence forward that was not used during its initial presentation to the jury
28
Who in the courtroom work group is responsible for recording every word that is said during the course of trial
Court reporter
29
What is attorney-client privilege
A legal principle that protects confidential communications between a lawyer and their client
30
When are closing arguments made
After the cases for the plaintiff and the defendant have been presented
31
What is direct evidence
Evidence witnessed by the person giving the testimony
32
What is hearsay
An out of court statement made by someone other than the witness reporting it
33
What is real evidence
Physical or material evidence
34
What is circumstantial evidence
indirect evidence that does not on its face prove a fact in issue but gives rise to a logical inference that the fact exists
35
What supreme court case held that a defendants decision not to testify during the trial cannot be held against him or her
Adamson v. California
36
What is jurisdiction
The courts authority to hear a particular case
37
What do appellate courts do
determine questions of law
38
What amendment is excessive bail prohibited under
Eighth
39
What amendment prohibits against double jeopardy
The fifth amendment
40
What is direct examination
Examination of a witness by the attorney who calls the witness to the stand to testify
41
What is the arraignment
When the defendant is read their charges in the indictment and is asked to enter a plea
42
What is discovery
The formal investigation prior to the trial in which the defense uses various methods to obtain information from the prosecution to prepare for trial
43
Who holds a great deal of discretion as to whether an individual who has been arrested by the police will be charged in the pretrial
Prosecutor
44
What is the burden of proof in a criminal trial referred to as
Beyond a reasonable doubt
45
What case did the supreme court held that any person brought to court who is too poor to hire a lawyer cannot be assured a fair trial unless counsel is provided for him
Gideon v. Wainwright
46
What is the attorney general
The chief law officer of any state
47
What is the formal decision rendered by the jury
Verdict