Courts, Crimes And Courtroom Procedures Flashcards

(41 cards)

1
Q

Structure of Federal Courts

A
  • district courts
  • circuit Court of appeals
  • US Supreme Court
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2
Q

What court functions as fact finding court

A

District court

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3
Q

What court reviews the laws and uses lower courts

A

Circuit Court of appeals

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4
Q

Highest law of the land court

A

US Supreme Court

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5
Q

SC district Court is under the jurisdiction of what # circuit Court of appeals?

A

4th circuit

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6
Q

What 2 courts are included in Summary Courts

A
  • Magistrate courts
  • Municipal courts
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7
Q

Jurisdictions of magistrate and municipal courts

A

Maximum penalty of 500$ fine and 30 days prison

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8
Q

Functions of Magistrate court

A

Issues arrest/search warrants and sets bail for crimes

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9
Q

Functions of municipal court

A

Same as Magistrate and hears cases involve city ordinances

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10
Q

2 branches of Circuit Court

A

Common pleas = civil
General sessions = criminal

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11
Q

Functions of Circuit Court

A
  • hears all cases from summary courts
  • sets bail for life or death sentences
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12
Q

Family Court Functions

A

Handles domestic and juvenile cases

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13
Q

Jurisdiction of Family Court

A

All cases involving juveniles under age of 18

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14
Q

How state can can be reviewed in federal court

A

Need a writ of certiorari

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15
Q

A petition for courts to hear your case

A

Writ of Certiorari

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16
Q

Origin of criminal law

A

Ancient Sumeria

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17
Q

Common law is

A

Court decisions

18
Q

Statutory law is

A

Legislative created laws

19
Q

Accused Rights in criminal trial

A

Right to..
- speedy trail
- jury trial
- county where crime was committed
- counsel for his defense
- privilege against self incrimination

20
Q

Ammendment protect you against self incrimination?

A

5th amendment β€œ I plead the 5th”

21
Q

Ammendment that protects you with a trail by jury and speedy trial

A

6th Ammendment

22
Q

The level of proof any given party must provide in criminal trial

A

Burden of proof

23
Q

Belief there is a possibility a defendant is not guilty

A

Reasonable Doubt

24
Q

Prosecution or sentence twice for the same offense

A

Double Jeopardy

25
Ammendment that protects you against Double Jeopardy
5th Amendment
26
Critical Elements of a charge
- jurisdiction - ID - Physical Action - mental intent
27
Nol Pros
Not wish to prosecute
28
Different stages of criminal case
- crime occurs - arrest/bond hearing - grand jury - arraignment - plea hearing
29
A program for the disposition of a criminal charge without a trial
Diversionary Programs
30
3 Diversionary Programs
- pre trial intervention (PTI) - Alcohol Education Program (AEP) - Veterans Court
31
Decides questions of Law
Judge
32
Decides questions of fact
Jury
33
Prosecute's the case on behalf of the state
Solicitor
34
Represents the defendant
Defense attorney
35
Keeps documents/ swears in witnesses
Clerk of Courts
36
Records all that is said in court
Court reporter
37
Assists the court as needed
Bailiff
38
Who may prosecute a criminal case in South Carolina?
- An attorney hired by the state - the arresting officer - licensed security guard
39
Described criminal trial process
- pre trial motions - jury selection - opening statement - State's Case-in-chief - mid trial motions - defenses Case-in-chief - closing arguments - jury instructions - jury deliberations - verdict
40
Leading Questions are
Yes or No questions
41
Open Ended Questions
Who, What, When, Where, Why and How questions