Unit 2

Question 1

Weeks v. U.S.

Answer 1

1926 Court required federal govt to return seized lottery tickets because they were discovered w/o a warrant. Est. exclusionary rule.

Question 2

exclusionary rule

Answer 2

evidence that is collected in a way that is inconsistent with the Constitution (4th amend) cannot be used in a criminal prosecution.

Question 3

Motion to Suppress

Answer 3

excludes evidence from being used by the prosecution if found in an unconstitutional way.

Question 4

Probable Cause

Answer 4

Where the police can search your vehicle or effects if there is reasonable suspicion that illegal activity has occurred. does not pertain to the home.

Question 5

Plain View Rule

Answer 5

Evidence can be collected w/o a warrant if illegal activity, or evidence is clearly seen out in the open.

Question 6

Eminent Domain

Answer 6

The process by which govt can take private property for public use by providing fair (just) compensation.

Question 7

Double Jeopardy

Answer 7

forbids govt from prosecuting someone more than once for a crime where one has already been either convicted or acquitted.

Question 8

Self-Incrimination

Answer 8

Admitting or linking oneself to criminal activity. Citizens have the right to remain silent if questioned by the police or in court.

Question 9

Felony

Answer 9

Major crimes that often result in incarceration or stiff fines. ex. murder, possession of large amounts of narcotics, Grand Larceny.

Question 10

Misdemeanor

Answer 10

Minor crimes that do not usually result in jail-time. ex. speeding, possession of small amounts of certain narcotics, certain alcohol violations.

Question 11

Capital Offense

Answer 11

A criminal offense where the punishment could result in execution if convicted. ex. murder, treason, espionage, war crimes.

Question 12

Victimless Crimes

Answer 12

Malum Prohibitum crimes that do not affect anyone except the law breaker. ex. drug usage, seat belt laws, helmet laws, consensual sexual behavior.

Question 13

Malum in se Crimes

Answer 13

Evil or wrong in itself. ex. unjustified homicide, rape, assault.

Question 14

Criminal Negligence

Answer 14

Criminal action that is the result of an indirect or accidental action or inaction. ex. DUI, Death due to fighting, failure to prevent someone’s immediate death.

Question 15

White Collar Crime

Answer 15

Entirely non-violent crime where property or privileged information is stolen or hidden. ex. fraud, conspiracy, laundering, perjury, petit larceny.

Question 16

Property Crime

Answer 16

Crime that results in the unlawful removal of another’s property ex. Theft, burglary, larceny, grand theft.

Question 17

Due Process

Answer 17

Requirement that all defendants get the same rights & process regardless of race, wealth, or appearing guilty

Question 18

Habeas Corpus

Answer 18

Defendant must: be informed of charges against them, and be allowed to question a judge about why they are being detained.

Question 19

Preliminary hearing

Answer 19

a hearing where the: defendant is notified of charges, bail is set, and re-notified of their rights.

Question 20

Indictment

Answer 20

gives permission to the court to try a defendant for a felony.

Question 21

Grand Jury

Answer 21

Jury of citizens who decides if there is enough evidence to indict a defendant & bring them to trial.

Question 22

Arraignment

Answer 22

Hearing where: indictment is read, defendant enters their plea, trial date is set.

Question 23

Discovery

Answer 23

Both sides have to reveal all of the evidence that they are going to use in trial.

Question 24

Plea Bargain

Answer 24

defendant can admit guilt in exchange for leniency.

Question 25

Jury Selection

Answer 25

selection process where a jury pool of up to 100 citizens is reduced to a jury of 12.

Question 26

strike for cause

Answer 26

the potential juror is incapable of serving on the jury because they have a blatant bias or they know the defendant.

Question 27

preemptory challenge

Answer 27

each side gets 12 strikes to remove any potential juror for any reason.

Question 28

beyond a reasonable doubt

Answer 28

jury is 85% sure that the defendant committed the alleged act.

Question 29

hung jury

Answer 29

a jury decision that is not unanimous. Results in a mistrial and the defendant CAN be re-tried.

Question 30

Article III & Judicial Function

Answer 30

establishes the powers of the judicial branch which is limited to interpreting the meaning of laws and whether they are consistent with the constitution.

Question 31

Civil Law

Answer 31

deals primarily with relations between individuals & organizations. The results of which are typically monetary judgements rather then jail-times or fines. ex. marriage, family law, contracts, torts & property disputes.

Question 32

Criminal law

Answer 32

prohibits certain actions and lays out certain penalties for those who engage in that prohibited conduct. ex. murder, theft, DUI, polygamy, drug possession.

Question 33

preponderance of evidence

Answer 33

the standard for a civil suit where the jury only has to be more sure than not (50%+1) that the defendant is to blame. In most states, only 3/4 of the jury must be convinced to this level.

Question 34

Common Law

Answer 34

a legal system that: bases it's rulings on how previous ours have decided similar matters ) called Stare Decisis)

Question 35

Stare Decisis

Answer 35

Judges are required to decide cases based on how the Supreme Court or other judges have decided similar cases (precedents).

Question 36

Original Jurisdiction (definition)

Answer 36

the level of courts where almost all civil and criminal cases must start. The main Court of Original Jurisdiction is the District Court.

Question 37

District Courts

Answer 37

Courts of Original Jurisdiction at both the state and federal level. Almost all felony criminal and civil cased must start at the district court.

Question 38

Standard of Care

Answer 38

the degree of caution required of an individual who is under a duty of care.

Question 39

Culpability

Answer 39

the degree of someone's blame-worthiness in the carrying out of an offense.

Question 40

Appellate Courts

Answer 40

Courts (state & federal) hear cases only after they have been decided at the district court level. Appeals Courts ONLY decide whether the lower court followed the Constitution and required procedures (not blame or guilt).

Question 41

Courts of Original Jurisdiction

Answer 41

District Courts ( state & federal) Probate Courts (state) Bankruptcy Courts (federal) Military Courts (federal) Administrative Law Courts (federal)

Question 42

Courts of Appellate Jurisdiction

Answer 42

Courts of Appeals (state & federal) Supreme Court (state & federal) (highest level)

Question 43

Diversity of Citizenship

Answer 43

If both parties reside in different states and the matter in question exceeds $75,000, then the Federal District Court hears the case instead of local district courts.