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Criminal Courts and Process > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

Know Packer’s models of CJ

A

Limitation of due process

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2
Q

Legislation

A

Enacted by the legislature under the authority granted to it by the constitution

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3
Q

What rights are given under the sixth amendment

A

Speedy trial
Public trial
Trial by an impartial jury
Notice of charges against oneself
Confront witnesses against oneself

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4
Q

What rights are given in the ninth amendment

A

The right outlined in the Bill of Rights are not the only rights that citizens have

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5
Q

What is Total incorporation

A

All rights in the bill of rights applicable to the states

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6
Q

What is selective incorportation

A

Incorporate the bill of rights to the states in a carful way

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7
Q

Difference between criminal and civil law

A

Criminal law requires “proof beyond a reasonable doubt, civil “preponderance of the evidence”

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8
Q

Types of crime

A

Mala in se
Mala prohibita
Crimes against property
Crimes against person
Crime against public order

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9
Q

Causation

A

the actors conduct led to harm

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10
Q

Harm

A

the result of the act, the injury to another

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11
Q

original jurisdiction

A

Trial court where case begins

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12
Q

Judiciary Act of 1789

A

In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.

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13
Q

What are the main functions of the courts

A

Establishing Laws
Being charged with a crime
Rulings in individual rights
Ruling on how businesses and governments can operate
Punishment
The impact can be felt by individuals who are not directly involved was the courts

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14
Q

Roles of the Courts

A

Settle Disputes
Make Public Policy
Clarify the Law

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15
Q

Law

A

Written body of rules of conduct which apply to all members of a community

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16
Q

Are Law and Justice the same

A

Law can be in accordance with justice or the farthest thing from it

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17
Q

Due Process

A

Procedures put into place to hold the government to its principles

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18
Q

The rule of law

A

Authority of certain fundamental values and principles
Must be committed to writing
System of procedures holding government to these principles and values must be in place

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19
Q

Judge made law

A

Judges are charged with enforcing the law but first they must interpret the law

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20
Q

Judge made law

A

Judges are charged with enforcing the law but first they must interpret the law

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21
Q

Common law

A

A united body of law throughout the country that developed through court decisions rather than statutes

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22
Q

Precedent

A

Created by every final decision, governs all courts

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23
Q

Statutes

A

Written in broad terms leaving room for interpretation for these who must enforce them

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24
Q

Statutes

A

Written in broad terms leaving room for interpretation for these who must enforce them

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25
Q

Individual rights

A

Protect an individual citizen from, other citizens, federal government, state government

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26
Q

What rights are given in the first amendment

A

Freedom of, Religion, Speech, Press, Assembly, and Petition

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27
Q

Subject Matter Jurisdiction

A

Authority of the court to hear a specific type of case

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28
Q

Geographic jurisdiction

A

Authority of the court to hear cases that arise with specific geographical boundaries

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29
Q

Geographic jurisdiction

A

Authority of the court to hear cases that arise with specific geographical boundaries

30
Q

en banc

A

the term used when the full panel of judges on the appellate court hears a case

31
Q

3 cases in which the supreme court has original jurisdiction

A

State v. State
State v. United States
State v. foreign citizen

32
Q

Where do individual rights come from

A

The constitution

33
Q

What are the three individual rights initially outlined in the constitution

A

Right to seek a writ of habeas corpus
Prohibition bills of attainer
Prohibition of ex post facto laders

34
Q

What rights are given in the third amendment

A

Forbidding the quartering or housing of soldiers in private homes without the permission of the homeowners

35
Q

What rights are given in the fourth amendment

A

Forbids unreasonable search and seizer

36
Q

Probable cause

A

When there is a fair possibility that a search will result in evidence of a crime being discovered

37
Q

What rights are given under the fifth amendment

A

Indictment by grand jury,
Prohibition of double jeopardy
Privilege against self-incrimination

38
Q

What are the rights given in the seventh amendment

A

Provides defendants in civil lawsuits taking place in federal courts the right to a jury trial

39
Q

What are the rights given in the eight amendment

A

Bars states from
Excessive bail
Cruel and unusual punishment

40
Q

What rights are given in the Fourteenth Amendment

A

Incorporating or applying the bill of rights to the states

41
Q

What is criminal law

A

Designed to allow for the adjunction and punishment of those who violate society’s rules

42
Q

What is civil law

A

Designed to address private wrongs

43
Q

Purposes of criminal law

A

Protect the public from harm
Punishing harmful acts
Seek to avoid harm by forbidding conduct that may lead to it

44
Q

Mala in se

A

Crimes that are inherently harmful

45
Q

Mala Perohibita

A

No consensus that they are harmful crimes

46
Q

Characteristics of criminal law

A

Description of what conduct is forbidden
A list of penalties for violation of the law
Provisions of defenses to criminal liability

47
Q

Limitations of criminal law

A

Due process clause of the 14th amendment
Over-breadth doctrine
Void for vagueness

48
Q

What are the 5 elements of criminal liability

A

Actus reus
Mens Rea
Concurrence
Causation
Harm

49
Q

Actus Reus

A

Criminal act

50
Q

Mens Rea

A

Criminal intent; a guilty state of mind.

51
Q

Concurrence

A

The union of criminal act and criminal intent

52
Q

What are the 4 levels of intent

A

Purposely
Knowing
Wreckless
Negligent

53
Q

Strict Liability

A

Liability without criminal intent in situations where society deems it fair to do so

54
Q

Inchoate Crimes

A

A crime that is incomplete or happens in preparation for another crime

55
Q

Affirmative defenses

A

Defendant carries the burden of persuasion and burden of production

56
Q

What are the three types of Affirmative defenses

A

Alibi
Justification
Excuse

57
Q

Types of civil law

A

Tort
Property
Contract
Family

58
Q

Personal Jurisdiction

A

Authority of the court over a person or defendant

59
Q

Hierarchical Jurisdiction

A

division of duties and roles among the various courts within a single jurisdiction

60
Q

Hierarchical Jurisdiction

A

division of duties and roles among the various courts within a single jurisdiction

61
Q

discretionary jurisdiction

A

the authority of a court to select the cases it will hear from among all the cases appealed to it

62
Q

discretionary jurisdiction

A

the authority of a court to select the cases it will hear from among all the cases appealed to it

63
Q

mandatory jurisdiction

A

the requirement that a court hear all cases filed with it

64
Q

Limited Jurisdiction

A

Exists when a court’s authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.

65
Q

Court of Appeals Act of 1891

A

act of Congress that created the circuit courts of appeal, a new layer of intermediate appellate courts that would hear appeals from the district courts, and gave the Supreme Court more discretion in deciding which cases to hear

66
Q

What are the steps of the supreme court when deciding a case
What are the steps of the supreme court when deciding a case

A

Writ of certiorari
Rule of four
Affirm
Reverse
Opinons

67
Q

What are the three main functions of the supreme court

A

Resolve disputes between states
Resolve conflicting opinions of lower or state courts
Resolve constitutional questions

68
Q

4 main actors in a court case

A

Judge
Prosecutor
Defence Attorney
Jurors

69
Q

Pretrial proceedings

A

Complaint, Booking, Arraignment, Pretrial hearing, Discovery

70
Q

What are the two ways for a jury member to be dismised

A

Challenge for cause and Peremptory Challenge

Criminal Courts and Process (3 decks)

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