Terms AJ3
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| Evidence | Testimony, documents, and tangible objects that tend to prove or disprove the existence of an alleged fact
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| Beyond a reasonable doubt | The proven facts, by virtue of their probative force, establish guilt
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| Burden of Persuasion | The defense must persuade the jury that the prosecution has not established the defendants guilt
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| Affirmative Defense | Cases in which the burden of proof falls on the defendant. Such as Self defense, Insanity Defense, Entrapment, Duress, or Intoxication
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| The ______ is the Trier of the Law. Whereas, the __________ is the trier of the facts. | Judge; Jury
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| Judicial Discretion (think objection) | Where the judge makes a ruling on questions an attorney may want to ask a witness that are not easily defined as allowable or not allowable.
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| What are the two important functions of the U.S. Supreme Court | 1) The final arbiter of the meaning of the Constitution, and 2) To supervise the Federal Court system.
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| What do the "Federal Rules of Evidence" do? | This is a code that governs the admission of evidence in federal courts. Many states adopted this to state courts evidence rules.
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| Case Law | Laws created when the US Supreme Court clarifies the meaning of laws passed by the legislator.
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| Independent Judiciary | Although politicians appoint judges, they lack the power to remove them from the bench.
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| Geographic Jurisdiction | A case must be filed in the court with jurisdiction over the location where the crime occurred
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| What is the first court to hear the case in the California system? Followed by which 2 subsequent courts if necessary? | Superior Court, Court of Appeals, The Supreme Court
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| What is it called when Court of Appeals decisions are considered binding of cases that follow down the line in time? (Hint: Think Latin) | The rule of the precedent. AKA, Stare Decisis
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| Contemporaneous Objection Rule | The appropriate timing for an objection is after the question has been asked but before the witness answers. Otherwise, the issue would be considered inadmissible on appeal.
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| Prima Facie Case | Basically the same as probable cause. The prosecution must show, based on the preponderance of the evidence, that there is enough of the information determine that the case should proceed.
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| Deliniate at least three reasons why a judge could set aside a case that the jury has voted to convict. | 1. Trial court did not have jurisdiction to hear the case, 2. Prosecutor or the court used fraud, duress or lies to convict, 3. Evidence presented was false and the prosecutor or court knew it, 4. Material evidence obtained in violation defendants rights.
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| Direct Appeal | An immediate appeal to the next higher court once the lower court has concluded its actions
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| Who bears the burden of proof on an appeal? Why? | The defense bears the burden because the presumption of innocence is eliminated once a conviction has been handed out.
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| Harmless Error Rule | An appellate court will NOT reverse a case if the errors made at trial were not serious enough to effect the outcome of the case.
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| What is meant by Discretionary Appeal? | There is no right to a second level appeal. The justices of the higher court vote on whether or not they wish to hear the case. They have the discretion to say NO.
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| When you request that the US Supreme court hear your case, you must first submit a ...... | Petition of Certiorari (Cert).
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| What does a "Forma Pauperis" refer to? | It's a request that accompanies a writ of certiorari requesting Supreme Court justices waive some of the formalities that go with a CERT as the cost of compliance would be prohibitive.
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| Habeas Corpus | A challenge to illegal confinement
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| What does the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) do? | Restricts state inmates access to federal habeas corpus.
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| Bivens Suits | Suits filed to seek redress against Federal Officers for violations of an individual's rights . These Constitutional Torts cannot get one out of prison but can get the award of money. (review pg 45)
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| What is Absolute vs Qualified immunity? | A judge or prosecutor acting in their official capacity cannot be sued regardless of state of mind. Thus the immunity is absolute. If the step outside of their official role, they have qualified immunity
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| What does the 11th amendment do? | Prevents suits against the state, and state officers in their official capacity from being heard by the federal courts.
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| After traffic court, upon appeal you go to.... | Superior Court
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| Felony cases that have not been presented to a grand jury must have a __________ ____________ . | Preliminary Hearing
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| What are the two primary purposes of the Preliminary Hearing? | To have the judge hear the case and decide if there enuff evidence to 1. Prove the defendant did the crime, and 2. require the defendant to face trial on the charge.
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| T/F. Hearsay testimony is allowed in a preliminary hearing. | True
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| What does it mean when we say, "the prosecutions evidence must establish a prima facie case? | The it is more likely than not that the defendant committed the crime charged.
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| True or False, the Exclusionary rule applies to all hearings including Grand Jury. | The exclusionary rule does NOT apply to grand jury hearings (pg 61).
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| What is a "True Bill of Indictment"? | AKA an indictment. This is what the Grand jury delivers at the conclusion of the hearing.
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| What is the type of hearing held to allow the judge to decide what evidence can be used in a trial? | Suppression Hearing
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| Normally, when are suppression hearings held. | After the preliminary hearing
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| What is Brady material | Evidence that the prosecution has that must be turned over to the defense that may support the Not Guilty position of the defendant.
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| Prosecution Case in Chief | The first round of the prosecutions case to establish the defendants guilt
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| Rejoinder | Witnesses called by the defense in response to the prosecutions rebuttal
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| Voir Dire | The process of asking questions to determine if a person is qualified to be on the jury.
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| If the attorneys feel a juror, based on his/her answers cannot decide the case impartially, they can have the juror removed. This is called___ ___ ___. | Challenge for Cause
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| These are used to allow each side to replace jurors whom the attorneys feel cannot be fair. Done after the "challenge for cause" portion. | Peremptory Challenge
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| Cross examining a witness to determine if he/she is telling the truth is called ______ | Impeachment
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| Another word for closing arguments is .... | Summation
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