More Court Terminology Flashcards
(37 cards)
What is a subpoena?
A written order that commands someone to appear in court to give evidence.
A defendant is required to give up certain constitutional rights before……
entering a plea of guilty.
What is not considered a crime?
Voluntary nepotism
What is nepotism
Favoritism based on kinship
When a person is taken to jail after being arrested, they have to be____ by the jail personnel.
Booked
A defendant can be charged directly by the state attorney’s office, this is called charged by____
information
Attorney’s can present evidence in the form of testimony but they can also present_________ such as documents or photographs.
exhibits
Once the prosecution has rested their case, the defense will often request a_____ ____ from the judge.
Judgement of acquittal
Before requesting a public defender, the defendant was asked to fill out
An affidavit of insolvency.
What is an affidavit of insolvency?
A form signed by the defendant, under oath, attesting to her indigency (inability to pay for a lawyer).
The attorney stated that his client had __________, for the time of the crime and therefore should not be found guilty.
An alibi.
The jurors had been told to decide among themselves who would be named as the jury’s_____
Foreperson
What is a foreperson?
The head juror selected by the judge or by vote of the jurors.
Because the attorney believed some of the evidence against his client was obtained illegally, he presented a______ to the judge…
Motion to suppress.
What is a motion to suppress?
It’s where the defendant asks the judge to exclude certain evidence from trial because it was obtained illegally.
In a civil law suit the action is brought by….
The plaintiff.
What description best describes the concept of interrogatories?
Written questions submitted to a party from their adversary.
What is the sequence of events during a haring with an interpreter?
Swear in the interpreter, swear in the NES witness, direct examination, cross-examination.
What should you do when the attorney starts speaking to the defendant in their own language and makes an error?
Repeat what the attorney said in the LEP’s language in the same language.
Who should you advise when you overhear jurors discussing the case during a trial (which is a direct violation of the Court’s admonition)?
You should advise the Court.
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?
You should interpret the insult under your breath, regardless of who can hear.
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?
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.
A case decided without prejudice means that….
There is a right to a new trial.
What is a motion to quash?
Application to the court to set aside the complaint, indictment, or subpoena due to a lack of probable cause to arrest the defendant.