Legal Definitions, Trial Procedures & Rules of Evidence

Comprehensive vocabulary flashcards covering California legal definitions, trial procedures, court structures, and rules of evidence based on the lecture transcript.

Defendant

The person charged with a criminal offense in a case filed by the PEOPLE OF THE STATE OF CALIFORNIA.

Felony

A crime punishable by incarceration in the State Prison for one ($1$) year or longer, prosecuted by an Indictment or an "Information."

Penal Code section 17(b)

The law allowing many felonies to be reduced to a misdemeanor at any time, before or after conviction, often depending on whether punishment is imposed in county jail or state prison.

Misdemeanor

A crime punishable by fine and/or imprisonment in the County Jail for a period less than one ($1$) year.

Infraction

Minor violations of City or County ordinances or State laws punishable by fine or public service, but not imprisonment or trial by jury.

Habeas Corpus

A writ filed by a person unlawfully imprisoned or restrained to order the official to bring the individual to court to determine the lawfulness of their detention.

Admission to bail

The order of a competent court or magistrate that the defendant be discharged from actual custody upon a promise to appear at all future court dates.

Bail Payment

A non-refundable amount, typically ranging from $8-10\%$ of the actual bail amount set, paid to a private bail bond company.

Own Recognizance

The release of a defendant by the court upon a promise to appear without the requirement of posting bail.

In re Kenneth Humphrey

A March $2021$ California Supreme Court decision finding that cash bail cannot be imposed if a defendant lacks the ability to pay it.

Beyond a reasonable doubt

The burden of proof required for a prosecutor to prove guilt in a criminal trial; the state of the case that leaves jurors with an abiding conviction to a moral certainty.

Demurrer

A challenge to a pleading asking for dismissal because the criminal complaint fails to follow a specific format or state facts that constitute a crime.

Preponderance of the evidence

The burden of proof in civil cases where the plaintiff must show that the evidence has more convincing force than that opposed to it.

Mistrial

A declaration by the court when a jury is deadlocked or "hung," leading to a new trial before a new jury.

Arraignment

A formal statement of charges, advisement of rights, and the taking of a plea; required in all criminal cases but not civil ones.

Voir dire

The examination of prospective jurors by the judge and attorneys to test their qualifications, attitudes, and experiences.

Peremptory challenge

A challenge to excuse a juror made without giving a reason, limited to two ($2$) per party at Boys & Girls State.

Direct examination

The initial examination of a witness by the party that called them, during which leading questions are not allowed.

Cross-examination

The examination of a witness by the opposing counsel, limited to matters from the direct examination or impeachment; leading questions are allowed.

Corpus delicti

The "body of the crime," referring to the substantial and fundamental facts or group of elements necessary to prove a crime was committed.

Expert witness

A person who, by education and experience, is permitted to give their opinion on matters material to the case.

Alibi

Evidence introduced to prove the defendant was not present at the time and place the crime was committed.

Direct evidence

Testimony from an eye witness regarding what they actually perceived with their own physical senses.

Circumstantial evidence

Evidence consisting of acts, statements, conduct, or facts used indirectly to prove the guilt or innocence of the defendant.

Incompetent evidence

Evidence that is not fit for the purpose for which it was offered; often used interchangeably with inadmissible and irrelevant.

Leading question

A question formed to suggest the desired answer to the witness, essentially allowing the attorney to testify.

Hearsay Rule

A rule making inadmissible any out-of-court statement offered to prove the truth of the matter asserted.

Declaration against interest

An exception to the Hearsay Rule where an out-of-court statement puts the declarant at risk of civil or criminal liability.

Superior Court

The state trial court in California where all criminal, civil, family, and other matters are filed and tried.

District Court of Appeal

The state intermediate appellate court in California, consisting of six ($6$) districts.

California Supreme Court

The highest state court, consisting of seven ($7$) justices, which must hear all death penalty cases.

United States District Courts

The trial-level courts within the federal court system described in the United States Constitution.