Review Flashcards
(53 cards)
what is limited jurisdiction?
the authority to hear only particular types of cases, such as traffic violations, juvenile matters, probate, or domestic relations
What is general jurisdiction?
The power or authority to hear many different types of cases
List and define the 2 requirements that must be met before evidence can be seen by a jury
Relevant evidence- evidence that pertains to the matter at hand.
Competent- evidence that is in a form that a jury is permitted to see or hear; evidence not gathered illegally
Distinguish between real & testimonial evidence.
Real evidence- Physical, any tangible item that can be perceived with the five senses; items that can be displayed.
Testimonial evidence- what someone says; spoken by a witness at trial.
List & describe the 3 insanity tests
M’naughten- Did you know what you were doing? Did you know it was wrong?
Irresistible impulse- could you control yourself?
Substantial capacity- Did you know what you were doing was wrong & could you stop yourself?
What is the insanity test held by florida?
M’naughten
what is the standard of proof for M’naughten is Florida?
Clear & convincing standard for defense.
What’s the difference between information & Indictment?
Information: The formal charge issued by the prosecutor or District attorney that alleges commission of a felony. Usually issued after a prob.cause hearing has taken place.
Indictment: This is the criminal charge issued against a defendant after a grand jury has heard evidence and decides that enough proof is available to prosecute.
List & describe the 3 individual rights found in the Constitution proper
Habeas Corpus: a petition through which an individual alleges that they are confined illegally; commonly used to contest or challenge imprisonment.
No ex post facto laws: laws that make previous legal conduct criminal.
No bills of attainder: Laws that impose punishment without a trial
From what case did reasonable suspicion come from?
Terry v. Ohio
What’s the difference between justification & excuse?
Justification: self defense, defense of others or property, consent, public duty.
Excuse: admits it was wrong BUT argues it was under circumstance & isn’t responsible.
When can the defendants character be brought into trial?
When you open the door to it.
What’s the burden of proof for a Criminal trial and civil?
Criminal: beyond a reasonable doubt (99%)
Civil: preponderance of the evidence (51%)
What is a writ of assistance?
“Search Warrants”
Different forms of incorporation
Total: application of the entire Bill Of Rights
Total + : application of the BOR & other nonspecified rights such as the right to privacy, to the states.
Selective: process of how some,not all of the BOR were made applicable to the states through the due process clause of the 14th amendment.
Who decides the legality of a statue?
What is the power called?
Name the case that established it.
Supreme Ct. Judiciary
Judicial Review
Marbury v.Madison
What is the term Stare decisis?
let the decision stand
What is direct evidence?
evidence that proves a fact without the need for the juror to infer or assume anything
what is circumstantial evidence
requires jurors to draw their own inferences or conclusions
5 defense excuses
Duress/Necessity Intoxication Matter of fact Infancy Insanity
What is Duress/Necessity
Had to,being forced (gun to head)
Necessity: life depended on it to survive (hurricane)
What is Infancy
too young to form intent
what is intoxication
Not a clear mind
What is insanity in form of excuse
Did not know
