More Court Terminology Flashcards

1
Q

What is a subpoena?

A

A written order that commands someone to appear in court to give evidence.

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2
Q

A defendant is required to give up certain constitutional rights before……

A

entering a plea of guilty.

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3
Q

What is not considered a crime?

A

Voluntary nepotism

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4
Q

What is nepotism

A

Favoritism based on kinship

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5
Q

When a person is taken to jail after being arrested, they have to be____ by the jail personnel.

A

Booked

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6
Q

A defendant can be charged directly by the state attorney’s office, this is called charged by____

A

information

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7
Q

Attorney’s can present evidence in the form of testimony but they can also present_________ such as documents or photographs.

A

exhibits

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8
Q

Once the prosecution has rested their case, the defense will often request a_____ ____ from the judge.

A

Judgement of acquittal

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9
Q

Before requesting a public defender, the defendant was asked to fill out

A

An affidavit of insolvency.

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10
Q

What is an affidavit of insolvency?

A

A form signed by the defendant, under oath, attesting to her indigency (inability to pay for a lawyer).

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11
Q

The attorney stated that his client had __________, for the time of the crime and therefore should not be found guilty.

A

An alibi.

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12
Q

The jurors had been told to decide among themselves who would be named as the jury’s_____

A

Foreperson

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13
Q

What is a foreperson?

A

The head juror selected by the judge or by vote of the jurors.

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14
Q

Because the attorney believed some of the evidence against his client was obtained illegally, he presented a______ to the judge…

A

Motion to suppress.

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15
Q

What is a motion to suppress?

A

It’s where the defendant asks the judge to exclude certain evidence from trial because it was obtained illegally.

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16
Q

In a civil law suit the action is brought by….

A

The plaintiff.

17
Q

What description best describes the concept of interrogatories?

A

Written questions submitted to a party from their adversary.

18
Q

What is the sequence of events during a haring with an interpreter?

A

Swear in the interpreter, swear in the NES witness, direct examination, cross-examination.

19
Q

What should you do when the attorney starts speaking to the defendant in their own language and makes an error?

A

Repeat what the attorney said in the LEP’s language in the same language.

20
Q

Who should you advise when you overhear jurors discussing the case during a trial (which is a direct violation of the Court’s admonition)?

A

You should advise the Court.

21
Q

After the judge sentences a defendant to a rather stiff fine, you hear the defendant say under his breath, “You bastard!” How do you interpret that?

A

You should interpret the insult under your breath, regardless of who can hear.

22
Q

The judge asks you to go out into the hallway to speak with the defendant about his case because the judge can tell the defendant is really confused. What should you do?

A

You should advise the judge that you would be happy to interpret for the defendant as long as another person is communicating with him/her while you do so.

23
Q

A case decided without prejudice means that….

A

There is a right to a new trial.

24
Q

What is a motion to quash?

A

Application to the court to set aside the complaint, indictment, or subpoena due to a lack of probable cause to arrest the defendant.

25
Q

What is a motion to sever?

A

A motion to separate trials for two defendants charged with the same crime or who acted jointly in the commission of a crime.

26
Q

What is parole?

A

Conditional release from custody at the discretion of the parole authority.

27
Q

What does nolo contendere mean?

A

No contest - The defendant will be charged the same as if they were to plea guilty.

28
Q

What does writ of habeas corpus mean?

A

Mandate issued from a court stating that an individual needs to be brought before the court.

29
Q

What does litigant mean?

A

One engaged in a lawsuit.

30
Q

What is a double jeopardy?

A

An act of being put on trial twice for the same crime.

31
Q

To oust someone from a dwelling through the legal process is to…..

A

dispossess.

32
Q

What is a ‘retainer’?

A

An agreement between a client and an attorney.

33
Q

Offenders who repeatedly commit the same crimes are involved in….

A

Recidivism

34
Q

What is recidivism?

A

A relapse in criminal behavior.

35
Q

A peremptory challenge allows an attorney to dismiss a potential juror…..

A

Without cause or giving reason.

36
Q

What does pro bono mean?

A

It means that a defendant can have legal assistance free of charge.

37
Q

What is a grand larceny?

A

The unlawful taking and carrying away of personal property having a value that is greater than an amount fixed by law.