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| Trial Courts are primarily concerned with.... |
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| What are the responsibilities of the court clerk? |
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Definition
- Record keeping
- Recording court proceedings
- File court proceedings
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| What is the purpose of the arraignment? |
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Definition
| To go before the judge and plea "guilty" or "not guilty" |
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| The term Information as the term relates to the prosecutor's office |
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Definition
| a piece of paper on which the formal charges appear and that is signed by prosecutor |
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| What is the role of the Grand Jury? |
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Definition
| a legal body that is empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought. |
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| Who is the chief law officer of the state? |
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Term
| What is the Challenge of Cause? |
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Definition
| a request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror. |
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Term
| What is the writ of Habeas Corpus? |
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Definition
| a writ ordering a prisoner to be brought before a judge |
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Term
| What is the meaning of the word evidence? |
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Definition
| the available body of facts or information indicating whether a belief or proposition is true or valid. |
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| Know the defendant's rights under the 5th amendment as it pertains to trial |
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Definition
| Defendant has the right to not take the stand. Cannot be held to indicate guilt. |
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| Convictions when appealed to a higher court will be normally reversed or affirmed? |
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Term
| What is the number of U.S. Supreme Court justices? |
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occur when an appellate court examines a lower court’s decision in order to determine whether the proper procedure was followed or the law was correctly applied. When a defendant appeals, he or she is claiming that the court made an error. Some cases (involving death penalty or life sentences) are automatically appealed. |
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Term
| How are Federal Court Justices selected? |
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Definition
| are nominated by the president and confirmed by the senate. The nomination process is whatever the prez wants it to be. The confirmation process goes through the judicial committee and then to the full senate. |
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Term
| What happens when both the state and federal governments have concurrent jurisdiction? |
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Definition
| the lawyer will make a decision to which jurisdiction is more favorable or useful to his or her cause. |
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Term
| What is meant by Writ of certiorari? |
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Definition
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an order from a higher court that requires a lower court to send a case and a record of its proceedings to the higher court for review. The rule of four requires the agreement of four justices to grant a writ of certiorari. |
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this case extended the right to appointed counsel for indigents in all felony cases. |
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Term
| What is meant by the Dual court system? |
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Definition
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United States is characterized by court structures at both the state and federal levels. |
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Term
| Know the meaning of charge (judge's instruction to the jury) |
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Definition
| in jury trials, the oral instructions by the judge to the jurors just before the jury begins deliberations. This charge is based on jury instructions submitted by attorneys on both sides and agreed upon by the trial judge |
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Term
| What is the function of discovery? |
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Definition
| Discovery is the phase of litigation in which both sides request information from one another. The purpose is to learn about each position taken by each side, and to get as much information as possible to be used at trial. |
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| a formal charge or accusation of a serious crime. |
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Term
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juveniles are entitled to most of the procedural rights of adults. |
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Term
| Bail is provided under which amendment? |
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Definition
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Term
| What is circumstantial evidence? |
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Definition
| evidence that relies on an inference to connect it to a conclusion of fact—like a fingerprint at the scene of a crime. |
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Term
| What is meant by direct evidence? |
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Definition
| direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. |
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Term
| Speedy trial is provided under which amendment? |
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Term
| Which tier of the federal court will conduct the felony trial? |
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Term
| What is meant by peremptory challenge? |
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Definition
| a defendant's or lawyer's objection to a proposed juror, made without needing to give a reason. |
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Term
| Beyond reasonable doubt refers to? |
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Definition
| being 95% certain the crime has been committed by the defendant |
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Definition
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(latin for “to come”) the group from which the jury will be selected. |
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| a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. |
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Term
| What is the purpose of bail? |
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Definition
| Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present. |
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Term
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Definition
| a jury that cannot, by the required voting threshold, agree upon a verdict after extended deliberation and is unable to change its votes. |
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Definition
| where the court ruled that a judge did have the right to strongly encourage deadlocked jurors to continue deliberations until a verdict is reached. |
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Term
| Normally where do state misdemeanor cases start? |
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Definition
| in the lowest level of the state's court system (district court) |
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Term
| What is the Prosectutor's responsibility in a criminal trial? |
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Definition
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an attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses. State has the burden of proof. |
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Term
| What is the Role of defense attorney? |
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Definition
| an attorney who provides legal representation for an individual who is arrested and charged with a violation of a criminal law or when an individual is named in a lawsuit where the party filing the lawsuit seeks monetary damages or equitable relief. |
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Term
| What is the meaning of jurisdiction? |
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Definition
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refers to those cases in which it may exercise lawful authority. The power of authority of the court to act with respect to any case before it. Determined by statute or constitution. Refers to the geographical area it covers, as well as, the subject matter it deals with. |
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Term
| The constitutional amendment right to impartial jury: which amendment? |
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Term
| What is meant by Voir Dire? |
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Definition
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French for “to speak the truth” The process of questioning a panel of prospective jurors to select the final panel |
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Term
| Right to cross-examine is which amendment? |
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Definition
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Term
| What is meant by Adversarial system? |
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Definition
| a legal system used in the common law countries where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case. |
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Definition
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the court required that states provide defense counsel for those defendants who are unable to employ their own counsel and are charged with a capital offense. |
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Term
| What is meant by Perjury? |
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Definition
| the offense of willfully telling an untruth in a court after having taken an oath or affirmation. |
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Term
| What is meant by Hearsay? |
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