Midterm Flashcards
(94 cards)
0
Q
Stare decisis
A
Let the decision stand
1
Q
Another term for judge made law
A
Common law
2
Q
Is precedent static or can it change over time?
A
It can change over time
3
Q
Individual rights in the constitution proper
A
Habeus corpus
Bills of attainder
No ex post facto laws
4
Q
Requirements for a warrant
A
PC
Oath or Affirmation
Particularity
5
Q
The 2 evidence requirements that must be met before the jury can see it
A
Relevant (pertaining to the matter at hand) and competent (in a form the jury is permitted to see)
6
Q
The first known written legal code
A
Hammurabi
7
Q
Who decides the legality of a statute?
What is the power called?
What SC case established it?
A
The SC Judiciary
Judicial Review
Marbury v. Madison
8
Q
1st amendment
A
Freedom of religion, speech, press and assembly
9
Q
2nd amendment
A
Right to keep and bear arms
10
Q
3rd amendment
A
No quartering troops
11
Q
5th amendment
A
Right to grand jury, due process, just compensation and the right against double jeopardy and self incrimination
12
Q
4th amendment
A
Right against unreasonable search and seizures and warrants
13
Q
7th amendment
A
Federal trial by jury for civil trials
14
Q
6th amendment
A
The right to a speedy trail, public trial, impartial jury, notice of charges, representation and right to confront witnesses
15
Q
9th amendment
A
Unenumerated rights
16
Q
8th amendment
A
Right against excessive bail and cruel & unusual punishment
17
Q
The amendment that prohibits slavery
A
13
18
Q
10th amendment
A
States rights
19
Q
The 14th amendment
A
Forbids states from mistreating their citizens
20
Q
What are the 3 primary functions of the court
A
Settle disputes
Public policy decisions
Clarify the law
21
Q
Evidence that speaks directly to the guilt or innocence of a defendant
A
Exculpatory evidence
22
Q
Court actors
A
Judge, prosecutors and defense attorneys
23
Q
How many Supreme Court justices are there and how many are required for the writ of cert
A
There are 9 justices and at least 4 are required for the writ of cert
24
What is a trial de novo
A brand new trial
25
At which stage does a defendant enter his plea and what are the plea options?
Arraignment.
| Guilty, Not guilty, Nolo Contendre
26
Which courts have original jurisdiction?
```
District courts (trial courts)
Supreme Court
```
27
What type of incorporation does the US have?
Selective
28
How many peremptory challenges are alotted in Florida?
10 for capital cases, 6 for felonies and 3 for misdemeanors
29
What rights don't apply to the states as a part of selective incorporation?
Grand jury and excessive bail don't apply
30
What are the 3 types of incorporation?
Total
Total plus
Selective
31
At which point is bail applied?
First appearance
32
Distinguish between indictment and information
Indictment is formal charges by a grand jury and information is formal charges by a prosecutor
33
What is the difference between peremptory and for cause challenges
Peremptory challenged don't require reasoning and are limited. For cause challenges are unlimited and justified.
34
Do juries have to come to a unanimous verdict?
Yes, for a 6 person jury. No for a 12 person jury.
35
Bills of attainder is
Punishment without trial
36
Habeus corpus
Reason for charges
37
What is the function of evidence law?
The set of rules that determines what types of evidence can be admitted into court as well as the manner it may be admitted in.
38
Jurisdictions
Personal- power of the court over an individual
Subject matter- authority to hear a case
Geographic- authority to hear cases pertaining to certain boundaries.
Hierarchical- the division of responsibilities among various courts
39
Excuses (5)
```
Duress/Neccessity
Intoxication
Mistake of fact
Infancy
Insanity
```
40
Distinguish between general and limited jurisdiction
General jurisdiction has the ability to hear a variety of cases
Limited has the authority to hear particular types of cases
41
Venue is aka
Geographic jurisdiction
42
What are the 3 insanity defenses
```
M'Naughten (did you know what you doing, did you know it was wrong)
Irresistible impulse (are you able to control yourself)
Substantial capacity (did you know it was wrong and could you stop yourself)
```
43
What insanity test does Florida use?
M'Naughten
44
Who determines whether burden of prof has been met and what happens if a trial has begun and it has not been met.
The judge.
| A directed verdict-- directly declare not guilty
45
Explain the 3 levels of burden of proof
Preponderance of evidence 51-49 - civil and affirmative cases
Clear and convincing - civil and criminal and insanity defenses more than ⬆️ less than ⬇️.
Beyond a reasonable doubt- 99.99-Criminal
46
What is the burden of proof for insanity in Florida?
Clear and convincing
47
Talk about the changes from common law to current day regarding self defense
CL: Retreat- retreat if possible to avoid conflict
Castle- stay and defend, use deadly force when you fear imminent threat
Modern: True man (stand your ground)- no need to prove imminent threat, just unlawful trespassing.
48
Prima facia
On it's face
49
Explain burden shifting
The burden of proof shifts from the prosecutor to the defense in affirmative defense and insanity cases. The burden of proof is then lowered.
50
Requirements for consent
Voluntary
Knowing and
Intelligent
51
Describe affirmative defenses
Acknowledge you did it with a justification or excuse
52
Explain justification defenses
A duty or right to kill
53
What are the justification excuses?
Self defense
Consent
Execution of public duties
54
What is the fleeing felon rule?
In common law officers could use deadly force for any fleeing felon. After Tennessee v. Garner (1985) police officers must fear danger to themselves or the public in order to use deadly force.
55
Explain excuse defenses
The defendant admits guilt, claims no responsibility
56
What is infancy?
A claim that one is too young to understand
57
What was the common law rule regarding whether children can be charges and how has it changed?
CL: can't charge a child under 7.
Children age 7-14 could be charged if capable intent was proven
Modern: a child can be charged regardless of age or intent.
58
What is the purpose for the exclusionary rule?
Deter police misconduct
59
The case that created the exclusionary rule
Weeks v. US
60
Which case applied exclusionary rule to the states?
| Which case established fruit of the poisonous tree?
Mapp v. Ohio
| Silverthorne lumber Co.
61
Which case ended silver platter doctrine?
| Which case created a shocked conscious test?
Elkins v. US
| Rochin v. California
62
Exceptions to the exclusionary rule
Good faith doctrine US v. Leon
| Inevitable discovery Nix v. Williams
63
Distinguish between burden of proof and burden of production
Production refers to an obligation placed on one side in a trial to produce enough evidence to show the facts of the case
Proof refers to the level that needs to be proved at trial
64
Who determines burden of proof?
| Insanity?
Judge
| Jury
65
Distinguish between real evidence and testimonial evidence
Real- physical, demonstrative
| Testimonial- what someone says
66
Distinguish between direct and circumstantial evidence and indicate which is most occurring.
Direct- directly proves a fact, speaks for itself
Circumstantial- requires jurors to draw their own conclusions
*Circumstantial evidence is most common
67
Circumstantial evidence to prove intent (3)
MO, Motive, Threats
68
Consciousness of guilt (5)
```
Flight
Destroying evidence
Possession of fruits
Sudden wealth
Threats
```
69
T/F
| Character evidence is circumstantial
True
70
When can the defendant's character be brought up?
When it is first brought up by the defense
71
What is a judicial notice?
The court determining a fact as true or false without formal presentation of knowledge.
72
What are the types of judicial notice (4)
Tacit- common knowledge
Of law- statutory elements
Legislative facts- facts assumed to be true when passing the law
Adjudicator facts- a catch all
73
Which type of judicial notice can be used as jury nullification?
Legislative facts
74
The types of adjudicative facts (3)
Indisputable fact
Common knowledge
Ascertainable fact
75
Distinguish between presumption and inference
Presumptions- mandatory, drawing conclusions from one or more facts
Inference - the reasoning ability of the jurors, permissible but not mandatory.
76
List and describe the two types of presumptions
Conclusive- all parties agree
| Rebuttable- attempts to disprove presumption can be made
77
Judicial notice is critiqued because it infringes upon a right to a jury trial and right to confront witnesses, this directly interferes with what amendment
6th
78
What were the earliest forms of warrants called?
Writs of assistance- they were exited at your door by a stamp inspector
79
Two clauses of the fourth amendment
Search and seizure
| Warrants
80
The right if people to be secure in their... (4)
Person, house, papers and effects
81
List and explain the 3 interpretations of warrant requirements
Warrant requirement- all warrantless searches are unreasonable
Independent- reactive, look for reasonableness afterwards
Warrant preference- warrants required when justified
82
Where is there the most protection? And what does security in persons mean?
House
| Physical & oral communications
83
What is the most common form of seizure?
Arrest
84
T/F
| An investigatory stop needs no reason.
F
85
A search can be conducted by...
Police and/or government actor
86
Is there any expectation of privacy regarding...
Garbage cans
Open fields
No
| No
87
What is cartilage and how does it apply to searches
The intimate surroundings of a home. Depending on many factors like use, gates and proximity determines whether it can be searched
88
What case did the RS standard come from?
Terry v. Ohio
89
Types of justification for warrants (3)
PC
RS
Administrative
90
What is judicial oversight?
Gives judge last say on PC element
91
Three types of informants
Anonymous (secret)
Confidential ( hidden but available)
Known ( open)
92
What is the Aguliar test and what other test made improvements to it?
1. How does the informant know and 2. how credible are they
| The TOC test doesn't require both prongs, just one exceptionally strong prong.
93
When does seizure apply to persons and property?
When you cannot have your property back.
| When you are not free to leave.
