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lowest level
-trials may be 4 misdemeanors
-may set bail 4 all federal cases but not taking 2 trial
has original jurisdiction: can take a case all the way through trial (misdemeanor only) |
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-Federal trial courts
-can try all federal trials
-can try trials in states, territories, native American reservations
-has original jurisdiction in all federal trials |
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-have 2 bring up issue during trial or it can't be addressed later
1 thing 4 a judicial error the judge made court can overturn case and end it/ overturn it or grant a trial de novo aka new trial / affirm what happened at trial level/ remand and case back 2 trial level w/instructions. |
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hears appeals
the court of last resort
reverses 25% of cases that get theme
very few make it 2 this level
issue a writ of certiorari- 2 inform u that your case will be heard |
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Term
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Definition
bachelors degree first
after you go to law school for three years
have to take LSAT entrance 2 law school
measures analytical and writing abilities after law school you take bar exam
send background check on a you to charge and fitness committee before you can take bar
Bar is a 3 day test
have to take law practice license
learn how to practice law on the job |
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| Clerk of court,baliff,court room security, prosecutor, judge, jury, defense attorney |
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| handle paperwork but not evidence four case |
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| there for the comfort of the jury, answer questions they may have, show them restrooms, not courtroom security. |
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there 2 protect and maintain order in court room, city cops for city courts
court reporter |
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| takes down every word on record in court |
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Definition
| may be known as soliciters (SC) attorney general city attorney-in SC solicitor gets 2 decide when to try a case |
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Definition
determines law of a case
can admit/suppress evidence
-can issue a gag order
-hands down sentences |
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Definition
determine facts of cases
can ignore a witness
if a magistrate.city level = 6 jurors
county level =12 jurors |
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Definition
can pay 4 one get a probono for free
public defender may have to pay them |
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Definition
decide chargers and what to charge you with
prosecutor can charge or drop charges placed on you by law enforcement
law enforcement can use discretion with charges
8th amdendment gives you a right to bail but cant be excessive
bail can be denied
bail discriminates against the |
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Term
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Definition
cash bond – ROR personal/release on recognance
judge gives you a monetary figure
just sign your name to get out and only have to pay if you don't show up to court
Bail Bonds man
if you can't pay bond
charges you 1-% of your nond money
dont get 1-% backgroundcourt may offer you to pay 10% that you can get back later |
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Term
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Definition
Required to stand trial
defendants is state of mind at time of the trial
categories
can't understand what is happening
can't help attorneys in his own defense |
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| insanity relates to dfendants state of mind at time of crime |
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Term
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Definition
1.motion for a speedy trial
2.motion for a continuance- prosectuion is calling case to trial but you want it to be put off until later
3.motion to sequestor-to keep apart
a.sequester witnesses-can't hear each others testimonies to match stories
b.sequester jury-ask that the jury be seperated from society until end of case
4.motion 4 discovery-evidence against defendants
a.prosecution can do a reverfse discovery motion
5.motion to suppress/exclude-want to keep some sort of evidence out of the trial usually made by the defense
6motion to sevre -ask that defendant is who committed a crime in a group be tried seperately
-sever co-defendeants
7.motion to dismiss (pre-trial)
judge can grant a dismissal without prejudice
-dismissal with prejudice the wanted because it can't be brought up again
trial:
can be jury/bench judge decides |
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Term
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Definition
both sides try 4 jurors that are sympathetic to their side
voire dire-questioning jurors to determine bias
challenege-lawyers strike jurors they don't want
peremptory strike-juror can be striked for no reason
strike for cause have run out of peremptions but you think juror wont be fair to have to convince judge
opening satements-both sides tell facts of case they're going to hear. |
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Definition
jury bonds with defendant finds them not guilty despite good evidence
defendant can appeal trial and sent |
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| corporal punishment to keep you from doing it again |
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Definition
corporal punishment to keep you from doing it again
Specific-trying to get just that 1 individual to stop
general-make an ex. Of someone to get everyone to stop. |
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corporal punishment to keep you from doing it again
Specific-trying to get just that 1 individual to stop
general-make an ex. Of someone to get everyone to stop. |
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Definition
corporal punishment to keep you from doing it again
Specific-trying to get just that 1 individual to stop
general-make an ex. Of someone to get everyone to stop. |
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Definition
corporal punishment to keep you from doing it again
Specific-trying to get just that 1 individual to stop
general-make an ex. Of someone to get everyone to stop. |
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Definition
jury bonds with defendant finds them not guilty despite good evidence
defendant can appeal trial and sent |
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Term
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Definition
jury bonds with defendant finds them not guilty despite good evidence
defendant can appeal trial and sent |
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