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18 Cards in this Set
- Front
- Back
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What is Rule of Evidence |
Set of rule that the court has to answer. Rules of evidence stipulate how evidence can be introduced. Defines the qualifications of an expert witness. |
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What is Exclusionary Rule |
Prohibits the use of evidence obtained in violation of the 4th amendment |
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Search without a court warrent |
Plain- View Search Consent to search Search of Automobiles Search of Person |
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Exceptions to a warrant requirement |
Searches of Airline and bus passenger, searches of Subway passengers, border searches, School searches. |
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What is the good faith exception |
Premises to be searched is entered incorrectly in the search warrant document. Acting in good faith police search that location. If police find criminal activity, they can still obtain evidence in good faith |
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When are the Miranda Rights read |
The Miranda rights are read whenever the suspect is going to be questioned or interrogated. |
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Requirements for a police lineup |
Suspects have the right to have an attorney present. A lineup must contain suspects who are similar and match the description given by the witness. Elena must contain actual suspects and not police Personnel masquerading as suspect. A line that must contain persons who are known to the police not to be capable of being the offender. |
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What is the Dual court system |
It is a system where both Federal and state courts are. The Supreme Court is at top of the Court of Appeals |
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what are the three federal court system structures? |
number one u.s. Supreme Court 2 Us Court of Appeals 3 US District Court |
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How many u.s. courts of appeal are there |
13 quarts, with 12 Geographic and one Federal and DC |
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How do you get into the US courts of appeal. |
Criminal Appeals to this court must be based on the defendant was denied a fair trial |
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How many District Courts are there |
There are 94 trial courts in the federal system |
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What power does the state court systems have |
State courts have jurisdiction to settle legal disputes and criminal matters for violation of local and state criminal statutes |
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state court systems |
1 court of last resort 2 courts of General jurisdiction 3 courts of limited jurisdiction 4 intermediate courts |
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What is the court of last resort |
Each state has a court for final appeals. The state court of last resort has jurisdiction and acts much like the US Supreme Court. Can decide to affirm the case or to reverse and remained the case |
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Appellate Courts |
This court does not have original jurisdiction in review cases for judicial error and other significant issue concerning to process and civil rights |
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Courts of General jurisdiction |
The Workhorse of Criminal Justice System. Courts of record. Known as Court of original jurisdiction for criminal cases |
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Courts of limited jurisdiction |
Traffic courts. No written record is made of the trial. No right to appeal to higher Court |
