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JUDICIAL > Judicial > Flashcards

Judicial Flashcards

(71 cards)

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1
Q

Where in the constitution is the Judicial branch

A

Article 3

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2
Q

Purpose of the judicial branch

A

Interpret the law

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3
Q

What is the only court created in the constitution

A

US supreme court

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4
Q

Jurisdiction

A

Authority to make legal decisions

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5
Q

Original jurisdiction

A

Hear and rule on a case first

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6
Q

Appellate jurisdiction

A

Review decisions of lower courts

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7
Q

Federal jurisdiction

A

Handle criminal and civil cases involving federal law or any constitutional issue

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8
Q

State jurisdiction

A

Handle criminal ands civil cases involving state law

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9
Q

Civil trial

A

Government or state resolves a dispute between two parties

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10
Q

Criminal trial

A

Government or state resolved a dispute between two parties

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11
Q

Concurrent power

A

Power shared between federal and state courts to hear certain cases

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12
Q

Probable cause

A

Means (how) , motive (why) , opportunity (where/when)

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13
Q

Pretrial information

A

Look at subject , matters and parties involved

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14
Q

Prosecutor

A

Attorneys who investigate, charge and prosecute people whom they think have committed the crime

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15
Q

Miranda Warning

A

The right to remain silent, right to an attorney, the right to know anything they say will be used against them in court of law

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16
Q

Do juveniles have Miranda rights

A

Yes

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17
Q

When does the Miranda Warnings apply

A

Police custody

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18
Q

What are the terms of custody

A

A reasonable person would not feel free to leave, direct questioning OR interaction which is reasonably expected to get a response

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19
Q

Steps of trial

A
  1. opening statement
  2. Direct examination
  3. Cross Examination
  4. Redirect/Recross Examination
  5. Closing Statement
  6. Verdict
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20
Q

Opening statement

A

Introduction, usually addressed to the jury

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21
Q

Direct Examination

A

Prosecution and defense attorneys question own witnesses

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22
Q

Cross Examination

A

Opposing attorney asks witness questions

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23
Q

Redirect/Recross examination

A

If information is missed, follow ups by both

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24
Q

Closing Statement

A

Summary of important evidence and arguments by attorneys

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25
Verdict
Jury/Judge final decision in a case
26
Justification defenses
Based on a defendant admitting that he or she committed the act, but asserting that, under the circumstances, the criminal act was justified
27
Excuse defense
Based on a defendant admitting he or she committed a criminal act but asserting how they can’t be responsible with lack of criminal intent
28
Duress defense
Must prove the criminal act was performed under a threat they can’t resist
29
Self-defense
Must prove the act was done with the intent of self defense to himself, herself, or others, or property
30
Necessity defense
Must prove a criminal act was done in order to avoid a harm to themselves or not larger harm
31
Entrapment defense
Must prove he or she was encouraged by agents of the state to engage in the criminal act they wouldn’t have done otherwise
32
Direct evidence
Evidence supporting a fact without interference
33
Circumstantial evidence
Statements or information obtained indirectly or not based on first hand experience by a person
34
Physical evidence must be introduced at trial with a what?
Witness
35
Lay Witness
Person who watched certain events and describes what they saw
36
Expert Witness
Educated in a specific area and testified to their specialty area only
37
Character witness
Someone who knows a person involved, generally not personally involved in the crime but helpful because they know the personality of the person prior to the crime
38
Subpoena
Writ ordering a person to attend court
39
Witness Subpoena
Court order requiring a person to appear in court on a certain date and testify as a witness
40
Subpoena Duces Tecum
Court order requiring a person to produce documents/records under his/her control
41
Deposition Subpoena
Court order requiring a person who is not a party to a lawsuit to provide copies of records or deposition to answer questions asked by one party in a lawsuit as part of the discovery process.
42
Do witnesses have to testify in court
IF served with a subpoena, yes
43
What if a witness served with a subpoena refuses to testify?
Charges follow (penalties or jail time)
44
If a witness is served with a subpoena, they have to produce information. What rights may be exerted?
5th Ammendment, spousal privilege, confessional privilege, attorney, medical privilege
45
Witnesses who are victims of a crime have additional rights. What are they?
Right to be notified of the status of the investigation, relevant court proceedings, and release/detention. Have the right to be present at all public proceedings
46
The fifth amendment provides what important safeguards
Right to remain silent in police custody, writ of habeas corpus, and double jeopardy protection
47
Where did rights of self incrimination originate
17 Century England
48
Why is the Supreme Court called the “highest court in the land”?
Both original and appellate jurisdiction
49
How many justices are on the Supreme Court?
9 (including Chief)
50
51
How many chief justices are there?
1
52
How is a justice placed on the Supreme Court?
Nominated by President, Confirmed by Senate, appointed by President
53
Term of a Supreme Court justice
Good behavior or life
54
9 justices in order of seniority?
1. John Roberts 2. Clarence Thomas 3. Samuel Alito 4. Sonia Sotomayor 5. Elena Kagan 6. Neil M. Gorsuch 7. Brett Kavanaugh 8. Amy Barrett 9. Ketanji Brown Jackson
55
Judicial review
Ability of the court to decide the constitutionality of a law or standard
56
When does the Supreme Court meet
First Monday in October until June/July
57
How does the Supreme Court accept a case to review?
4 of the judges must agree to hear the case
58
How does the Supreme Court deny a case
Justices do not believe the case involves a significant point of law
59
Process of a case before Supreme Court
Submitting briefs Amicus Curiae Oral arguments Conference
60
Majority Opinion
Opinion agreed upon by a majority of the justices
61
Concurring opinion
Written by justices who agree with the majority opinion, but not with the reasoning behind the decision
62
Dissenting opinion
Written by a justice who disagrees with the majority opinion.
63
LEMON Test
1. Purpose is clearly secular 2. Primary effect neither enhances or inhibits religion 3. Avoid excessive entanglement of government when religion
64
Age Defense
Must prove that under a determined age, s/he did not have the maturity to make the decision
65
Mistake defense
Just prove s/he didn’t know they broke the law
66
Intoxication defense
Must prove diminished capacity due to influence of alcohol or drugs
67
Insanity defense
Must prove at the time of the crime, s/he did not have the mental capacity to be held responsible
68
Steps occurred before suspect is taken to court
1. Suspect appears before judge, bond is set/denied 2. Suspect appears at preliminary hearing 3. Of enough evidence, defendant bound over trial, grand jury decides whether accused person should be tried for a crime by considering evidence / Indictment or charge issued. 4. Accused appears for arraignment, formal accusation, enters plea
69
Lemon Test
Purpose clearly secular, primary effect neither en chances or inhibits religion, avoid excessive entanglement with religion
70
Reynolds V. United States
He tried to practice Polygamy. Wasn’t allowed to because wig social order.
71
Right of assembly manners
Time, place, manner

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