Criminal Law and Procedure Main Flashcard Set

What is the possible loss of a civil case?

Money

What is the possible loss of a criminal case?

Liberty and freedom

True or False: You can have a criminal and civil case at the same time

True

What type of case will always have priority, civil or criminal?

Criminal

True or False: Constitutional rights apply to both civil and criminal cases

False (why?)

(Smith v. Jones) Who is Smith?

Plaintiff

(Smith v. Jones) Who is Jones?

Defendant

(Smith v. Jones) What kind of case is this?

Civil case

(Commonwealth of PA v. Jones) Who is the Commonwealth of PA?

Plaintiff

(Commonwealth of PA v. Jones) Who is Jones?

Defendant

(Commonwealth of PA v. Jones) What kind of case is this?

Criminal case

(USA v. Jones) Who is USA?

Plaintiff

(USA v. Jones) Who is Jones?

Defendant

(USA v. Jones) What kind of case is this?

Federal Criminal case

What is the legal phrase for burden of proof?

“Bring it, prove it”

Adversary System

Two sides going against each other

What are people searching for in an adversarial system?

A search for the truth

True or False: Burden of proof is easier with civil cases because it’s easier to prove money rather than freedom

True

How much of the jury must be in agreement for a civil case?

10/12

How much of the jury must be in agreement for a criminal case?

12/12 (Unanimous)

What are the 3 sources of law?

Constitutions, Legislative Statues and Ordinances, and Stare Decisis/Case Law

Stare Decisis meaning

Let the decision stand

Where does the Constitution stem from?

Magna Carta (1219)

What did the Magna Carta establish?

Established rights of landowners

Appeal = ___

Review

Stare decisis can be used if ___ of a case are similar to create consistency

Facts

Dicta

“The Fluff of the Case” - the part of a case that displays the judge’s opinion

When looking at a case that has had similar facts to a case of the past, what do you want to focus on? What do you not want to focus on and why?

Focus on precedent, not Dicta because there are various opinions between judges which is too inconsistent

Substantive law

Tells you what your rights are

Procedural law

How you enforce those rights/the timing of those rights

What is an example of procedural law?

All arrests have to be based on probably cause

Suppress Motion

To have evidence thrown out

Direct Evidence

Any form of a testimony coming directly from somewhere or someone

Circumstantial Evidence

Allows one to come to a conclusion from facts about the case

True or False: Direct evidence is better than circumstantial

False (Why?)

What are the 4 reasons for the law?

Deterrence, rehabilitation, restitution, and incapacitation

Where does evidence come from?

“Evidence in a case comes from witness testimony, documents, physical objects, etc…”

What does evidence have to be in order for a judge to present it?

Relevant

What does it mean when evidence is not relevant?

It doesn’t relate to a case of it is too emotional and prejudicial

What does the jury decide about the case?

Facts

What does the judge decide about the case?

Law/Relevance

What does the jury decide about the evidence?

It’s believability/credibility and the weight

True or False: Lawyer’s comments, statements, and opinions are not evidence

True

Pro Se

(For self) representing oneself

Pro Bono

(For free) law represents someone for free

Informa Pauperis

Someone doesn’t have the funds to file something so they ask for relief

Indigent

Poor

De Novo

(Start Over) Asking for a restart of the case

Ex Parte

Only one party is involved/talking at inappropriate times

Recuse

A judge will withdrawal themselves from a case due to bias or other reasons

Exculpatory Evidence

Evidence that removes defendants from the crime

Inculpatory Evidence

Evidence that connects the defendant to the crime

Prima Facie

(On its face) Is there enough evidence to incriminate

Probably Cause

Is there enough evidence to prove it

General/Original Jurisdiction

Fact-finding authority

Appellate Jurisdiction

Reviewing authority

Judges are _____ at state levels to get into office

Elected

What is at the bottom of the four-layer pyramid of the state courts hierarchy?

Magistrate District Court

How many magistrate district courts are in Pennsylvania?

~ 526

How many magistrate district courts are in Pennsylvania?

13

True or False: Magistrate judges have to be lawyers

False

What is Oz in Trucilla’s Courthouse?

A jury trial in his courthouse and the end is when they are told whether or not they are guilty

What are the requirements for being a magistrate judge?

Have to be 21, resident of district you want to run in for at least a year, have to pass 6-month certification and exam in Harrisburg, and must be elected

What is the term for a magistrate judge?

6 years

What type of jurisdiction does the magistrate courts have?

Limited (Or General is also correct)

What is the financial limit in a magistrate district court for a civil case?

$12k

What are some examples of civil case that are under $12k that are seen in a magistrate court?

Unpaid loans, unhappy with work on a vehicle, house repair unsatisfaction, and contractors

Counterclaim (Civil Case)

The defendant using the claim against the plaintiff to get the money they’re being charged with

What is within the boundaries of the limited jurisdiction a magistrate court has?

Misdemeanor 3, Summary, and Summarymv***

In a magistrate court, what is the jurisdiction that the magistrate judge takes from a jury?

Factfinder

True or False: State police have jurisdiction in any district/county while district police don’t

True

A preliminary arraignment is also known as what?

Information hearing

What does the magistrate district court have the jurisdiction to do in a preliminary arraignment?

To inform the criminals of certain things

What are the “certain things” addressed in a preliminary arraignment?

• Criminal complaint

• Their Miranda rights

• Right to an attorney

• Set bond

Affidavit

A written document confirmed by the oath of the police that they sweat to the truth of the complaint that they may use as evidence in court

What is the process of a preliminary arraignment?

Reading of the criminal complaint, offenses/charges, definition of the offense, consequences, reading/review of the affidavit, reading of defendant’s rights, Informa pauperis, and the setting of bond/bail/R.O.R.

True or False: The criminal getting a copy of the affidavit is not a right

False

Bond is set for all cases except for which?

1st and 2nd degree homicide

True or False: Medical information of a defendant cannot be exposed though documents and must be asked to the defendant directly

True

What are the three types of bail?

Straight bail, percent bond, and bondsmen

Straight bail

Payment of cash

Percentage bond

Form of bail requires the deposit of 10 percent of the face amount of the bond

Bondsmen

Spokesperson that you a pay a percentage to say that you are going to show up for court

What is the hearing that comes after the preliminary arraignment?

Preliminary hearing

When is a criminal’s preliminary hearing if they have been incarcerated?

14 days

When is a criminal’s preliminary hearing if they have not been incarcerated?

21 days

Why are criminals who are incarcerated have their preliminary hearing first?

They are the ones with their liberties being currently taken away

True or False: Most people have their attorney by their preliminary hearing so there is no need to ask for a continuation

False

True or False: In a preliminary hearing, you cannot prove beyond reasonable doubt

True

What can a preliminary hearing be figuratively seen as?

A legal strainer

Why can you not prove beyond reasonable doubt in a preliminary hearing?

The magistrate courts do not have the jurisdiction to do so

What types of crime get preliminary hearings?

Misdemeanor 2 - Murder 1st degree

True or False: In a preliminary hearing, it is a burden of prima facie for the plaintiff/commonwealth to prove in a magistrate court

True

Why is it only a prima facie case during the preliminary hearing?

The court just wants to see if there is a connection between the case and the defendant in order to protect the defendant’s rights

What is the legal way of saying to move a case up a court?

“Charges are bound/held over to another/higher court”

What must you be to waive your right to an attorney?

Knowingly, voluntarily, and intelligently

What is the burden of proof called in a civil case?

Preponderance of Evidence (P.O.E.)

Preponderance of Evidence

A fact is more likely true than not

How far must the balance tip in order for a plaintiff to meet their burden of proof in a civil case?

Slightly

What must evidence be for a civil case?

Believable