Practicum Flashcards

Question

JUDGE'S CHAMBERS

Answer 1

The Judge’s chambers is an office near the courtroom where the Judge meets with attorneys, reads court files, researches legal issues and writes opinions. Unlike the courtroom, a judge’s chambers is not open to the public

Answer 2

a law enforcement officer, responsible for providing security and enforcing the law in and around the courthouse. Escorts in-custody defendants to and from court proceedings; and Takes charge of the jury during the time of deliberation to assure that no unauthorized persons come into contact with members of the jury.

Answer 3

The state Constitution guarantees that “a person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings.” interprets a criminal court proceeding for a defendant or witness who speaks or understands little or no English. allow a non-English-speaking defendant or witness to participate in judicial proceedings. Interpreters must render a complete and accurate interpretation, without altering, omitting, or adding anything to what is stated or written.

Answer 4

The courtroom clerk sits in the courtroom near the Judge and prepares the minutes of the court proceedings.

Answer 5

The court reporter sits near the witness stand in the courtroom and records every word that is spoken during the trial or introduced into evidence by typing on a stenographic machine. This verbatim record becomes the official record of the trial. The court reporter also produces a written transcript of the proceedings as ordered by the court or upon request by either party.

Answer 6

The Attorney sits at the counsel tables near the bench. The attorney will speak to the judge, a witness, or the jury. In a criminal case, the government’s lawyer--the Prosecutor --is a representative from the District Attorney’s office. The defendant may be represented by a Public Defender, a lawyer appointed by the court, a private attorney hired by the defendant, or occasionally defendants will decide to proceed without an attorney. In a civil case, the parties will hire their own lawyers, or appear without counsel.

Answer 7

The witness gives testimony about the facts or issues in the case that are in dispute. During the testimony, the witness sits on the witness stand, facing the courtroom. Because the witness is asked to testify by one party or the other, they are often referred to as the plaintiff’s witness, government witness, or defense witness.

Answer 8

The jury is seated in the boxed-in area on one side of the courtroom. A jury is a group of 12 individuals sworn to hear the evidence presented in a case. One or more alternate jurors are selected in the event a sworn juror is unable to complete the trial for health or other reasons. Alternates hear the trial but do not take part in deciding the verdict unless a juror is unable to deliberate. The jury's role is to decide the facts in the case and apply the law on which the Judge has instructed them in order to reach a verdict.

Answer 9

Protected and/or Restraining orders Protection orders are given in both family and criminal court. Complaining witness request the court for an order; the judge may issue an order to his discretion. In criminal court the person is arraigned for criminal charges, and the issues a temporary order of protection.

Answer 10

Temporary (during the court proceeding) | Permanent is a result of a court proceeding.

Answer 11

only the court has the authority to remove/vacate the order.

Answer 12

vary according to the type of restraining order and the severity of the violation including jail and/or a fine up to 10K. violation of a protection order can result in a felony and/or misdemeanor.

Answer 13

criminal charges and or arrest if parties engaged in prohibited behavior. provisions may last up to 1-5 years for domestic violence, no contact, peaceful contact provision, stay away, move out, firearms, counseling. penal code 296, finger printing refusal, special conditions of probation for gang members and associates.

Answer 14

employment injury, fired after work injury, lawyer refers injured employee to rehabilitation and doctor evaluation, after a period of time a deposition is scheduled.

Answer 15

is a fact finding proceeding | is a civil proceeding.

Answer 16

The attorney for the deposition obtains information about the incident (injury) . ITS a question and answer session; the court reporter transcribes all the questions and answers . The transcript is called "the record" , it may be used as evidence.

Answer 17

The court reporter administers an Oath to the deponent swears . "Do you swear or affirm that the testimony that your about to give in this proceeding will be correct and accurate to the best of your knowledge, so help you God? YES I SWEAR!

Answer 18

``` General Information : name, prior address Daily activities Hobbies Eating /Diet Exercise routine Hygiene Family relationships Husband / wife ( intimacy ) Medications ( prescribed , non prescribed) Illegal Drug use Past traumatic experiences Physical Injury and/or Psychological injury "CHALLENGE" Endurance 3 Hour or 6 Hour Depositions Pain Descriptors Sharp, dull, tingling, intermittent ,constant ( "it hurts here") Motion & Range Twisting or Bending; crouching or stooping;standing, kneeling Work safety -gear Eye protective goggles Protective gloves Back brace belts Head protective gear ```

Practicum Flashcards

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