Exam 1 Flashcards
(26 cards)
Define Civil Law
Civil law handles any disputes that are akin to people versus organizations. It usually concerns problems with contracts, property, and family issues like divorce or child support. In this type of law, only monetary compensation or solutions to the problem are sought after.
IN order for the plain view doctrine to apply,
A. officers must have a legal right to be in the viewing area
B. officers must have cause to believe that the evidence is somehow associated with criminal activity
What Constitutional amendment establishes legal boundaries for the search and seizure of evidence?
4th admen
Which of these statements about the search and seizure of evidence is false?
In all circumstances, police officers must get a warrant in order to seized evidence.
The bail decision is made at what stage of the court process?
First appearance
The primary traditional purpose of bail was to
ensure the appearance of the accused individual at trial.
Which of the following is a type of jurisidiction?
Hierarchical
Subject Matter
Which of the following are valid objections?
Non-responsive to the question, argumentative, speculation
What is probable cause? Why is it important for an officer to know this?
Probable cause is the required evidence needed to believe whether or not a person has committed a crime. An officer needs to follow the rules of probable cause to avoid any evidence gathered from being tossed out during a court hearing and prevent lawsuits against the department.
What are the two requirements to allow for a learned treatise in court?
Expert witness must be seated at the witness stand and also the witness must be a reliable source.
A search warrant is an order issued by a magistrate and directed to a law officer that commands a search of a specified premises and it can be either orally communicated or written.
True
What is the standard of proof in a civil case? In a criminal case? Please explain the differences between these two standards?
The standard of proof in a civil case is when evidence in favor of one side is much more convincing and has much more weight compared to the opposition. The standard proof in a criminal case is “beyond a reasonable doubt” meaning that a defendant’s guilt must be proven to be guilty beyond a reasonable doubt to the jury.
Which of the following represents the order of the steps in a criminal trial?
trial initiation, jury selection, opening statements, presentation of evidence, closing arguments, the judge’s charge to the jury, jury deliberations, the verdict
The role of a defense attorney includes
Representing the accused
appealing a conviction
Testing the strength of the prosecutions case
Participating in plea negotiations.
D. all of the above
Define Deposition
A deposition is the process in which a witness provides their testimony under oath outside of the courtroom. Normally apart from the witness, there are lawyers, record keepers and the parties themselves are present.
A grand jury has all of the following characterisitcs and duties except that it
delivers a verdict of guilty or not guilty in criminal trials.
What is the exclusionary rule?
The exclusionary rule prevents any evidence obtained via the violation of a defendant’s constitutional rights from being used against them in a court of law.
What is the purpose of objections during trial and why are they important?
Objections prevent the use of improper evidence, secure a fair trial, help in an appeal process, and overall keep order within the courtroom. Objections are important because they protect a trial’s integrity and legal processes.
you mentioned the appeal process but they PRESERVE the record for appeal
What is a preemptory challenge when trying to exclude a juror during jury selection?
A preemptory challenge allows attorneys to exclude jurors without actual reason. Can be used to remove jurors that may be not a good choice for the case.
they are limited in number
Explain what is meant by a GUILTY plea, a NOLO CONTENDRE plea, and a NOT GUILTY PLEA.
guilty plea is the defendant admits to committing the crime. Nolo contendre plea is a no-contest plea meaning the defendant is claiming neither guilt nor innocence. A not guilty plea means the defendant denies the charges against them in a court of law.
you really did not explain the NO contest plea…it is true they are not admitting anything but they do accept the punishment…your answers for no contest and not guilty are almost the same and that is not correct
Prosecutors are required to assist the defense in building its case by making available any evidence in their possession.
true
Voir Dire is used to determine
if prospective jurors are biased or hold preconceived notions of guiilt or innocence.
What is a verdict form?
A verdict form is a document jurors use to record their decision on guilty or not guilty rulings. I.e determines the final verdict.
please note that in a civil trial there is no finding of guilty the jury determines if the defendant breached a duty owed to the plaiintiff and what damages if any the plaintiff suffered
A tort is a breach of duty that results in an injury to an individual.
true
