Intro to Legal Studies Test 1

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1

Judgement

Written document containing the decisions of a judge; may also mean the amount of damages assessed against a party

2

Order

An action to be taken on the part of one of the parties in a case

3

Federalism

a system of government in which power is divided between a national (federal) governmental and various regional governments.

4

de novo

"from the beginning"; A trial de novo is usually ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law.

5

Civil Law

any law other than criminal law; the legal system in Europe that places a great emphasis on code law.

6

Criminal Law

defines duties owed by an individual to their community; based on the notion that violations adversely affect the public, not just the individual

7

Substantive law

legislative enactments or decisions handed down by judges. The law of subject matter

8

Procedural Law

the process that must be followed when a lawsuit is brought forth. The step by step mechanism that people bringing or defending a lawsuit must follow and the framework under which cases are conducted.

9

Jurisdiction

power or authority of a court to hear and decide a particular kind of case; also refers to the geographical location within which a court's authority is exercised.

10

What is administrative law?

the body of law that regulates the operation and procedures of governmental agencies.

11

What is the role of the federal courts?

to check the power of the other two branches of government

stand between the government and the individual and afford protection to the individual

ensure the majority does not infringe on the rights of the minority

12

What is the Uniform Code of Military Justice?

Code of law that pertains to members of the military

13

In Texas, what is the hierarchy of felonies?

  1. State Jail Felonies
  2. Third Degree Felonies
  3. Second Degree Felonies
  4. First Degree Felonies
  5. Capital Felonies
14

In Texas, what is the hierarchy of Misdemeanors?

Class A

Class B

Class C

15

What is the term used for the charging instrument issued by the grand jury?

Indictment

16

At an arraignment, what are the available pleas?

1) Guilty

2) Not Guilty

3) "Nolo Contendere" ("I will not contest")

17

What is the term used for the rights and privileges of a criminal defendant contained in the Bill of Rights?

Procedural Due Process

18

What is substantive law?

Statutory or written law that governs the rights and obligations of everyone in its jurisdiction

19

What are the duties of the procecutor?

to seek justice

prosecute cases; review cases; decide which charges should be brought; investigate crimes; go to court

20

What are the duties of the defense council?

preserve the rights of the client

protect clients interests

21

What is a statute?

prohibition, command or declaration enacted by a legislative body

22

What are the requirements for the issuance of a warrant?

Probable cause that a crime has occurred

signed warrant by judge after he has seen evidence that shows there is a great probability that a crime has occurred

23

Under what circumstances is an indigent defendant guaranteed a court appointed attorney?

If they can be imprisoned for the crime

must be criminal not civil case

found indigent by the judge

24

What is the source of the defendant's right to confront and cross examine witnesses?

the 6th Amendment

25

Does the defendant have a right to demand tht the state reveal information is has gathered?

Yes, during discovery

26

What are the limitations on what a state determines to be a crime?

The State can make anything a crime as long as it is not protected by the Constitution.

27

Fourth Amendment

- no unreasonable search and siezure

28

Fifth Amendment

- all federal charges must be brought by a grand jury

-no double jeopardy

-privilege against self-incrimination

-protection of privileged communications

29

Sixth Amendment

-right to a speedy and public trial by an impartial jury

-be informed of the nature and cause of the accusation

-all criminal defendants have the right to confront and cross examine witnesses

-right to the assistance of council

30

Eight Amendment

-no cruel or unusual punishment

-no excessive fines

31

Miranda v. Arizona

defendant must have the right to consult with an attorney before and during questioning and has the right against self-incrimination before police questioning

32

Mapp v. Ohio

evidence obtained during an unlawful search and seizure is not admissible in trial.

33

Santo Bello v. New York

a new trial can be requested if a new prosecutor does not abide by previous deal; also where the supreme court upheld plea bargains

34

United States v. Booker

sentencing guidelines are not mandatory and violate the 6th amendment; they are merely advisory

35

What is the term used for the jury selection process?

voir dire "to speak the truth"

36

What is the term used for the doctrine of following precedence?

Stare Decisis

37

What are the common pretrial motions in criminal cases?

  1. Motion for Discovery and Inspection
  2. Motion for Bill of Particulars
  3. Motion for Change of Venue
  4. Motion to Sever
  5. Motion to Suppress Evidence or to Dismiss Indictment
38

Under what circumstances is a defendant entitled to have bail returned?

  1. has to be a cash bond
  2. has to make all court appearances
39

In a jury trial, what are the types and number of challenges?

1) Challenge for Cause - unlimited number

2) Preemptory Challenge - limited and equal

40

What are the objectives to consider during sentencing?

1) Deterrence

2) Protection of the Public

3) Rehabilitation

4) Retribution

41

Actus Reus

Action or conduct which is a constituent element of a crime

42

Mens Rea

Intent of a person behind a crime (The criminal mind)

43

What is presumptive sentencing

specifies what a normal or appropriate sentence is for each crime and is used a s baseline for when a judge is handing out punishement