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Question | Answer |
---|---|
Searches and Seizures | Legal term, found in fourth Amendment, generally refers to the searching & confiscating of evidence by law enforcement. |
Probable Cause | Reasonable grounds to believe the existence of facts warrenting actions, such as search & arrest. |
Exclusionary Rule | A rule were evidence obtained in violation of the accused rights under the 4th,5th,6th Amendments,and any evidence obtained through illegal means, is not admissible. |
Fruit of the poison tree | Illegally obtained evidence is inadmiiible in court. |
"Good faith" Exception | Legal princible, saying that evidence obtained with a technically faulty search warrant, is admissible in court if police acted in good faith when seeking warrant. |
Stop | Brief detention of a person by law enforcement for questioning, must have reasonable suspicion. |
Frisk | A pat-down or minimal search by police to discover weapons, to protect the officer & citizens. |
Arrest | To take into custody a person suspected of criminal activity. |
Exigent Circumstances | Situations that require exceptional actions by police. Officers are justified in not following procedual rules, pertaining to search & arrest warrants. |
Search | The process by which police examine a person or property to find evidence used to prove guilt. |
Seizure | The forcible taking of a person or property in response to a violation in law. |
Searches Incidental to Arrest | Searches for weapons and evidence of persons who have just been arrested. Evidence is admissible if found in immediate vicinity of supect. |
Electronic Surveillance | The use of elictronic equipment by law enforcement to record private conversations. |
Custody | The forceful detention of a person, or perception that a person is not free to leave the immediate vicinity. |
Custodial Interogation | Miranda rights must be read before questioning, The questioning of a suspect already in custody. |
Jurisdiction | The authority of a court to hear and decide cases within an area of the law, geographic territory. |
Trial Court | Courts in which most cases usually begin and in which questions of fact are examined. |
Appellate Court | Courts that review decisions made by lower courts, such as trial court. |
Opinions | Written statements by the court expressing the reasons for it's decision in rhe case. |
Dual court system | The separate but interrelated court systems of the U.S., made up of national and state levels. |
Judicial Review | The power of the court "supreme court" to review the actions of the executive & legislative branches, if necessary declare the actions unconstitutional. |
Writ of Certiorari | A request from a higher court of a lower court, asking for the record of a case. |
Rule of Four | A rule of the supreme court, it will not issue a Writ Certiorari unless four justices approve. |
Oral Arguments | The verbal argument made by attorneys to an appellate court. Presenting reasons why they should rule in their favor. |
Concurring Opinions | Separate arguments prepared by judges supporting the majority of the court, to clarify a point, voice disapproval. |
Dissenting Opinions | Separtae opinions by judges disagreeing with the conclusion reached by the majority. |
Docket | The list of cases entered on a court's calendar, thus schedualed to be heard by the court. |
Partisan Election | Elections in which candidates are affiliated with and receive support from political parties. |
Nonpartisan Elections | Elections in which candidates are presented on the ballot without party affiliation. |
Missouri Plan | A method of selecting judges that combines appointment and election. |
Judicial Misconduct | Behavior that diminishes puplic confidence in the judiciary. like {bribery or consorting with felons}. |
Recusal | The withdraw of a judge from legal proceedings, impartiality might reasonably be questioned. |
Courtroom Work Group | The social organization consisting of the judge,prosecutor,defense attorney. |
Public Prosecutor | Individuals, acting as trial lawers, they initiate and conduct cases inthe government's name. |
Attorney General | The chief law officer of the state. |
Defense Attorney | The lawer representing the defendant. |
Public Defender | Court appointed attorneys who are paid by the state to represent the defendant. |
Preliminary Hearing | A hearing were a magistrate decides if there is probable cause the defendant commited the crime. |
Indictment | A charge or written accusation, issued by the grand jury, that probable cause exist. |
Case Attrition | The process where prosecutors decide whether to prosecute each person arrested. |
Arraignment | A court proceeding in which the suspect is formally charged with the criminal offence. |
Boykin Form | A form that must be completed by defendants pleading guilty. |
Statute of Limitations | A law limiting the amount of time prosecutors have to bring criminal charges against a suspect. |
Master Jury Trial | The list of citizens in a court's district from which a jury can be selected. |
Venire | The group of citizens from which the jury is selected. |
Voir Dire | The preliminary questions asked by lawers to prospective jurors for bias or conection to defendant. |
Peremptory Challanges | VOIR DIRE challenge to exclude potential jurors from serving on the jury. |
Lay Witness | A witness that can accurately testify on a fact in question without specialized training. |
Hearsay | An oral or written statement made by an out-of-court declarant that is later offered in court by a witness. |
Charge | The judge's instructions to the jury following the attorney's closing argument. |
Hung Jury | A jury whose members are so irreconcilably divided that they can not reach a verdict. |
Allen Charge | An instruction by a judge to a deadlocked jury. |
Appeal | The process of seeking a higher court's review of a lower court's decision. |