Bar Exam

Flashcards covering key legal concepts and court procedures from the provided lecture notes.

Amendment I

Guarantees the rights to freedom of religious worship, free speech, the right to assemble, the right of the press, and the right to petition the government.

Amendment II

Guarantees that citizens may keep and own guns.

Amendment IV

Protects individuals from unreasonable search and seizure by police without a warrant.

Amendment V

Guarantees the right to a grand jury, forbids double jeopardy, and protects against self-incrimination; ensures due process.

Amendment VI

Guarantees the right to a public trial without unnecessary delay, the right to a lawyer, an impartial jury, and to know your accusers.

Amendment VIII

Prohibits excessive fines and cruel and unusual punishment.

Amendment IX

Ensures that citizens retain rights not specifically listed in the Constitution.

Amendment X

Gives all powers not specifically given to the U.S. government to either the states or the people.

Amendment XIV

Makes anyone born on US soil a citizen and guarantees equal protection under the law.

Case Law

The collection of precedents and authority set by previous judicial decisions on particular issues.

Miranda v. Arizona (1966)

Statements made during interrogation are admissible only if the defendant was informed of their rights to remain silent and to an attorney and those rights were exercised or waived knowingly, voluntarily, and intelligently.

Carroll v. US (1925)

Law enforcement doesn't need a warrant to search a vehicle if they have probable cause, due to the vehicle's mobility; also known as the Automobile Exception

Wyoming v. Houghton (1999)

Officers with probable cause may search vehicles and inspect passengers' belongings that are capable of concealing the object of a search.

Pennsylvania V Mimms (1977)

Law Enforcement may lawfully order the driver of a vehicle to get out of said vehicle if the individual is lawfully detained, such as a traffic stop, without the order infringing on the individual's rights. Officer safety is reason enough.

Terry v. Ohio (1968)

Law enforcement reserves the right to stop individuals anywhere in public, without probable cause for arrest, and frisk them with reasonable suspicion.

Tennessee v. Garner (1985)

A police officer may use deadly force to prevent the escape of a fleeing felony suspect only if the officer has a good-faith belief that the suspect poses a significant threat to the public.

Graham v. Connor (1989)

Claims of excessive force during investigatory stops, arrests, or seizures are reviewed using the "objective reasonableness" standard under the Fourth Amendment.

General Terms

The collection of terms used in law.

Reasonable Suspicion

A reasonable presumption that a crime has been, is being, or will be committed which dose not allow searching of a person nor a vehicle.

Probable Cause

The logical belief, supported by facts, circumstances, and officer experience, that a crime has been, is being, or will be committed.

Burdens of Proof

The amount of evidence or narrative required to secure a conviction or judgment.

Preponderance of Evidence (51%)

Must show "preponderance of evidence" that it is more likely than not that the applicant proved their narrative.

Clear and Convincing (75%)

Evidence is highly and substantially more likely to be true than untrue.

Beyond a Reasonable Doubt (90-100%)

Prosecution must demonstrate that there is no reasonable explanation from the evidence and the court must be virtually certain of the defendant's guilt.

Pleas

A formal statement by or on behalf of a defendant stating guilt or innocence in a response to a charge.

Guilty

The charges CAN NOT be appealed.

Not Guilty

Charges may be appealed after sentence and fine have been served and paid.

No Contest

Process for appeal is the same as that for no guilty.

Injunctions

A court order requiring a person(s) or named parties to do or cease doing a specific action.

Preliminary Injunctions

Injunction that may be granted before or during trial to preserve the status quo before the final judgment.

Premanent Injunctions

Civil judgment made at the conclusion of a trial that seeks to remedy damages that can't be achieved through monetary damages.

Temporary Injunctions

Issued by the judges to stop individuals from continuing their harmful actions.

Double Jeopardy

Prohibits anyone from being prosecuted twice for substantially the same crime.

Due Process

The guarantee that a defendant will receive a fair and impartial trial and process of the law.

Exigent Circumstances

Circumstances causing a reasonable person to believe that entry or other action was necessary to prevent physical harm, destruction of evidence, or escape of a suspect.

Pro Se

On one's own behalf without legal representation.

Ex Parte

Improper use of a court officer to approach a judge or opposing party without counsel to discuss details of an ongoing matter.

Conflict of Interest

Ethical problems arising between parties with a pre-existing relationship.

Statute of Limitations

The amount of time that can pass from the date of an incident.

Exculpatory Evidence

Evidence tending to show the defendant's innocence.

Presumption of Innocence

Any individual is assumed to be innocent until they are proven guilty.

Rule of Law

Principle under which all persons, institutions, and entities are accountable to laws that are publicly promulgated and equally enforced.

Letter of the Law

Following the literal reading of the words of the law.

Spirit of the Law

Following the intention of why the law was enforced.

Exclusionary Rule

Prevents the government from using most evidence gathered in violation of the United States Constitution

Discovery (pre-trial)

Formal process of exchanging information between parties about witnesses and evidence before trial.

Pre-Trial Motions

Tools used by prosecutor and defense to set boundaries for a trial.

Opening Arguments

Statements by each side to tell the court about the case and the facts that will be proved by evidence.

Presentation of Evidence

The listing of evidence, physical or list of witnesses, used by the prosecution or defense in course of the trial. Motions can be made to remove certain elements of evidence if warranted.

Witness Questioning

Lawyers for the plaintiff or the government begin the presentation of evidence by calling witnesses; questions are direct examination and may illicit both direct and circumstantial evidence.

Redirect

Questioning of a witness who has already provided testimony under oath in response to direct examination, as well as a cross examination by the opposing counsel

Closing Arguments

Opportunity for each party to remind the court about key evidence and to persuade them to adopt an interpretation favorable to their position.

Justice Ruling

A court's decision on a matter presented in a case, motion or application for a writ.

Defense Attorney

The lawyer representing the defendant.

Prosecuting Attorney

The lawyer is trying to convince the judge that the defendant is guilty.

Plaintiff

The one who begins the legal action and seeks a solution in a court of law.

Defendant

The person who is accused of a crime and is being tried in a criminal case.

Counsel

A title for a lawyer engaged in the trial.

Witness

A person questioned during a trial.

Expert Witness

A witness with professional training or substantial experience qualifying them to testify on a certain subject.

Verdict

A decision was made: guilty or not guilty.

Appeal

A request to review a decision made for charges, or made in court.

Continuance

A court may grant to delay proceedings until a later date.

Scope

The extent of the discovery that the parties agree to produce in a case.

Decorum

Court officials are held to a higher standard in the way they dress, behave, and their language

Precedent

A point that is recognized as the authority to be used in any future case.

Punitive Damages

Legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages.

Compensatory Damages

Damages awarded by a court equivalent to the loss a party suffered.

Sidebar

Asking the justice to approach the bench to discuss information about the case.

Objections

A procedure used when an attorney believes that a question or evidence is improper and should not be continued.

Sustained

A judge decision to approve an objection.

Overruled

A judge decision to deny an objection.

Leading

A type of questioning in which the form of the question suggests the answer.

Badgering

Opposing counsel becomes hostile or asks argumentative questions.

Relevance

Evidence presented that tends to prove or disprove any material fact related to the case.

Speculation

Question asks the witness to guess the answer rather than to rely on known facts.

Ask & Answered

Continues to ask the same question and they have already received an answer.

Hearsay

An out-of-court statement offered as evidence for the truth of the matter asserted, which is generally not admissible. Witness does not know the answer personally but heard it from another.

Beyond the scope

Question asked during cross-examination has to be within the scope of direct, and so on.

Foundation

An objection raised when a witness does not have enough personal knowledge or experience to testify about something.

Narrative

Question asks the witness to relate a story rather than state specific facts.

Compound

The question is really two questions posed as one.

Privilege

Witness may be protected by law from answering the question.

Non-responsive

Witness does not directly answer, or gives evasive or irrelevant information.

Vague

Incomprehensible, incomplete, or answer will be ambiguous.

Misstating Testimony

The attorney is quoting testimony incorrectly.

Argumentative

Prompts a witness to draw conclusions or make arguments rather than just providing facts.

Facts not in Evidence

The witness has testified to a fact that has not been introduced into the trial or an attorney has asked a question about evidence that is not introduced.

Misstating the Law

The attorney is quoting the law incorrectly

Counsel is Testifying

The attorney is adding additional information for their point of view.

Motions

A written or oral request filed with the court asking the judge to take a certain type of action.

Motion to Dismiss

A request that the lawsuit may be dismissed.

Motion for Continuance

A request that the lawsuit be dismissed.

Motion to Suppress

A request to attempt to keep certain statements or evidence from being introduced as evidence.

Motion for Recess

A request for the judge to allow a break during a trial.

Motion to Strike a Witness

A request for the witness's testimony to be removed from the record as the witness has proved themselves to be unreliable.

Motion to Treat the Witness as Hostile

A request for the judge to allow for questioning of the witness that breaks the conventions of typical witness questioning.