Boys State Bar Exam Practice- CA/2018

Who can file and prosecute criminal charges against persons believed to have committed a crime?

County District Attorney or State Attorney General

Defendant (in criminal case)

A person charged with a criminal offense

In whose name are cases filed against a person charged with a criminal offense?

Cases are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA against the person charged with a crime

What are the US and CA Constitutional guarantees to one charged with a crime?

The right :

1. To a speedy and public trial by court or jury

2. To appear in person and with counsel (an attorney)

3. To produce witnesses on his or her behalf and to be confronted with the witnesses against him or her in the presence of the Court and jury and cross-examine those witnesses

4. not to testify (known as "right against self-incrimination")

Felony?

A felony is a crime punishable by incarceration in the State prison for one year or longer, and is prosecuted in the Supreme Court by way of a Grand Jury, or by an "information" filed by the District Attorney

(examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape, and sale of narcotics)

Misdemeanor

All other crimes that aren't felonies or infractions. They are punishable by fine and/or imprisonment in the County Jail (not State Prison) for a period of less than one year.

(examples: simple assault, battery, petty theft, possession of small amounts of narcotics, disturbing the peace and violations of some City or County ordinances.

Infraction

1. Minor violations of City or County ordinances (a citation - "a ticket" is usually given and the punishment is usually a fine or assignment to public service or both)

2. Not punishable by imprisonment

Habeas Corpus

principle that a person cannot be held in prison without first being charged with a specific crime

Writ of Habeas Corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Writ

A court order

Return (having to do with a Writ)

the official upon who the writ is served must make a return stating the reason the person has been imprisoned (?? page 2, number 3)

proceeding on hearing

After a Writ of habeas corpus is filed and a return is made, the court then proceeds to hear such proof in favor or against detention. If no legal cause is shown, the court may excuse the accused from custody ( or the court must remand the individual to the custody of the offical).

What courts can issue a Writ?

In California, the Superior Courts, District Courts of Appeal and the Supreme Court may issue writs.

Bail

A defendant may be allowed bail after a criminal charge has been filed against him/her, as a matter of right, UNLESS the charge is punishable by death and the presumption of guilt is evident. However, the court has the discretion to set bail.

Admission to Bail

the order that the defendant be out of custody and given bail

Deposit in lieu of bail

The defendant may have to deposit money in order to get bail

own recognizance (related to bail)

When a person is granted bail and does not have to deposit money; they just make a promise to appear at the court hearings.

burden of proof

In all criminal trials, a defendant is presumed innocent unless and until the prosecutor proves guilt BEYOND A REASONABLE DOUBT (to the Judge in a Court Trial or the Jury in a Jury Trial)

Acquitted (or acquittal)

found NOT GUILTY (by Judge or Jury)

Beyond a reasonable doubt (in a criminal trial)

If after hearing all of the evidence, there is a reasonable doubt whether the defendant committed a crime, the defendant must be acquitted (NOT GUILTY).

If there is no reasonable doubt, the prosecutor has met his/her burden of proof and the verdict must be that the defendant is GUILTY.

plaintiff

the person suing someone else

civil case

when one citizen sues another citizen

Preponderance of the evidence

in civil cases, the plaintiff (person suing) has the burden of proving his/her right to recover from the defendant (person being sued) by a "preponderance of evidence" (this means the evidence is a more convincing than the opposing side)

Defendant (in a civil case)

Person being sued

Unanimous Jury Required

Before a guilty verdict can be returned in a criminal trial, all 12 jurors must agree. If they don't agree, the jury is deadlocked (or "hung") and a mistrial is declared.

How many jurors in a criminal trial?

12 (6 are used at Boys State)

In a civil trial, how many jurors must agree?

Civil trials require a 3/4 majority

deadlocked or "hung" jury

a jury that does not agree (all 12 need to agree in a criminal trial, and 3/4 need to agree for a civil trial)

bailiff

deputy sheriff who (during a trial) stands in the middle between the judge (on "the bench") and the audience

the "well" of the courtroom

the tables where the defendant and attorneys and the prosecutor sit

arraignment

formal statement of charges, advisement of rights, and taking a plea)

Corpus Delicti

the substantial and fundamental facts necessary to the commission of a crime

Expert Opinion

a witness is not allowed to give an OPINION on anything unless they have been proven as an Expert Witness because of their education and experience

Alibi

an excuse that shows someone was not at a crime scene

confession

a formal statement admitting that one is guilty of a crime

Direct Evidence

testimony of an eye witness

Circumstantial evidence

all other evidence other than that of an eye witness

Improper evidence (also called irrelevant or immaterial evidence)

evidence that is not fit for which it was offered

Leading questions asked on direct examination

a question is that is so formed as to suggest to the witness the answer that is desired

Suggestive questions

Not as strong as leading questions, but they suggest an answer to the witness and don't leave the witness free to think and express his or her own answer

hearsay

rumor; gossip

How many court levels are there according the CA Constitution? Name them.

3 levels:

1) Superior Court

2) District Court of Appeal

3) California Supreme Court

state trial court is known as...

superior court

state intermediate appellate court is known as...

District Court of Appeal

How many Superior Court Judges are there in CA?

1800

How many Superior Court Judges are in each county?

It depends on the population of the county (example - some counties have one or two while Los Angeles has several hundred)

How are judges given their jobs as judges?

Superior Court judges are elected, HOWEVER, most are appointed by the Governor when a job opens up, and then they must run for re-election every six years

Who are the only "trial judges" in the state court system?

Superior Court Judges

How many District Court of Appeals are there in CA?

6

Approximately how many appellate justices (judges who preside over Appeals Courts)?

90

How does a judge become an appellate justice?

They are appointed by the Governor

How long does an Appellate Justice serve?

12 years

Who can appeal their case to the Court of Appeal?

A party who loses his/her case in the Superior Court has an automatic right to "appeal" the case to the Court of Appeal.

Does the Court of Appeal conduct trials?

No, only Superior Court can have a trial

How does the Court of Appeal work?

The Court of Appeal assigns 3 appellate justices to review the written record of Trial Court proceedings to determine if the trial court judgement was lawfully entered.

How can the Appellate court rule?

The Appellate Court may AFFIRM or REVERSE the Trial Court judgement or SEND THE CASE BACK TO THE TRIAL COURT for a new hearing or a new trial

How many California Supreme Courts are there

1

How many California Supreme Court Justices are there?

7 (including the Chief Justice)

How do CA Supreme Court Justices get the job, and how long do they serve?

Appointed by the Governor, and they serve a 12-year term

Is the CA Supreme Court a trial court or an appellate court?

Appellate court

How many Supreme Court Justices participate in each case?

All 7 Supreme Court Justices participate in all cases

How many US Supreme Court Justices are there? How do they get the job?

9 justices appointed by the President and confirmed by the US Senate

What cases do the CA Supreme Court hear?

The CA Supreme Court ONLY HEARS cases it chooses to hear. The ONLY EXCEPTION to this is in cases of death penalty convictions (they hear all of these)

Do all states have the same type of court systems?

No; each state has its own court system that operates independently of the other states' court systems

What is the US court known as?

Federal court

Describe the federal court system levels as described by the US Constitution.

1. Trial courts - known as US District Courts

2. Intermediate appellate courts - known as US Circuit Court of Appeals

3. Highest appellate courts - know as US Supreme Court

When was the first CA Constitution written, and when was it amended and accepted as organic law?.

It was first written in 1849, and it was amended in 1879

How does an amendment occur to the CA Constitution?

It can occur in two different ways:

1) An amendment may be proposed by either house (Assembly or State). If it's agreed upon by 2/3 in each house, it then is submitted directly to the electors of the State for their approval and ratification by a majority vote of the people

2)By the People: The electors may amend the Constitution by initiative

Who represents CA in the US Congress? Name the Senators from CA and your Representative (FYI - These are the people who can appoint you to one of the military academies)

Senators and Representatives

Senators from CA - Diane Fienstein and Kamala Harris (there are only 2 US senators from CA)

Representative - Alan Lowenthal (47th district)

How long do US Senators serve?

Six year terms

How many US Representatives are from CA? How long is each representatives term?

53 and they serve two-year terms

What is the supreme law of the land?

The US Constitution

What are the 3 branches of government, and what does each branch do?

1) Legislative - "makes laws"

2) Executive - "carries out laws"

3) Judicial - "evaluates laws"

How many amendments to the US Constitution are there? How many have been proposed?

There are 27 amendments (and 33 have been proposed)

When did CA become a state?

CA applied for statehood in 1849 and became a state on September 9, 1850 after the treaty of Guadalupe Hidalgo was signed and Mexico gave the land to the US

Who is the CA Governor and who is the Lieutenant Governor (also the Head of the Senate)?

Governor - Jerry Brown

Lieutenant Governor (and Head of Senate) - Gavin Newsome

How many amendments to the CA Constitution are there?

512 (as of 2017)

What is an "ex post facto" law

A law that makes illegal an act that was legal when committed OR increases the penalty for an infraction after it has been committed, OR changes the rules or evidence to make conviction easier

What is the difference between a civil and criminal suit?

A civil suit usually deals with private individuals or corporations, and they usually want to obtain money in exchange for some wrongdoing

A criminal case involves a trial for a crime