Term
What is the standard of proof in a criminal case? |
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Definition
Beyond a reasonable doubt |
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How many Justices are on the supreme Court? |
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Definition
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What is the prosecutors job? Is their job to get a conviction? |
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Definition
Not their job to get a conviction. It is to seek the ends of Justice |
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Term
United States has a ________ system of Government. This includes the __________ and ____________. |
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Definition
Dual System. The State and Federal |
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Term
When does the system start for a person? |
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Definition
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Term
Who is the most powerful person in the system? |
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Definition
Prosecutor (Commonwealth/District Attorney) |
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Term
Who are the least powerful persons in the CJ system? |
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Definition
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Term
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Definition
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To arrest someone a police officer needs what standard of proof? |
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Definition
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Term
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Definition
That it is reasonable to believe that a person probably did the offense |
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Term
Reasonable (Articuable) Suspicion is? |
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Definition
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Term
Is reasonable suspicion a before trial or after trial standard? |
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Definition
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Term
Where does the defendant get their rights? |
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Definition
From Laws (State,Fed, Const) |
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Term
What is the standard of proof at a criminal trial? |
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Definition
Beyond a reasonable doubt |
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Term
The 4th Amendment deals with? |
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Definition
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Term
The 5th Amendment deals with? |
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Definition
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The 6th Amendment deals with? |
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Definition
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Term
What are the 3 main components of the system? |
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Definition
Police, Courts, corrections |
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Term
What are the 2 classes of crime? |
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Definition
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Term
What is the maximum punishment for a misdemeanor and where do you go? |
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Definition
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Term
What is the maximum punishment for a feolony and where do you go? |
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Definition
1 year or more, penetentry |
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Term
If you are sentenced to 20 years. Will you be going to a jail or penetentry? |
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Definition
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Term
Most criminal laws comr from the _______? |
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Definition
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Term
How does a case get to the supreme court? |
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Definition
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Term
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Definition
what a person is being charged with. |
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Term
What is the standard of proof at a preliminary hearing? |
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Definition
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Term
Any process that does not adjuicate guilt.innocense is deal with what standard of proof? |
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Definition
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Term
If a case goes to the grand jury what is the amount of votes required for a person to be indicted? |
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Definition
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Term
If a person is indicted this means ___________exists? |
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Definition
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Term
How do you become a local prosecutor in VA? |
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Definition
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Term
What are the 3 types of defense? |
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Definition
*Retained *Public Defender *Court Appointed |
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Term
What is a retaine attorney? |
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Definition
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Term
What is a public defender? |
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Definition
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Term
When does a person get appointed an attorney? |
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Definition
When they are facing the likelihood of ging to prison or jail. |
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Term
What is a court appointed attorney? |
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Definition
Person in private practice who is willing to take cases |
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Term
What is the profile of most defendents? |
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Definition
Poor, uneducated, racial minorities |
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Term
Are judges the most influential people in court system? |
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Definition
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Term
Does VA popularly elect judges? |
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Definition
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Term
Do victims play an important role in the ejudication of guilt or innocence? Whos role is this? |
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Definition
No. It’s the prosecutors decision |
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Term
Who are most crimes commited by? People ____ ____ . |
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Definition
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Term
What does the crime control model prioritize? |
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Definition
Repression of crime efficiency |
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Term
What does the crime justice system prioritize? |
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Definition
Rights of individuals from unfairness. |
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Term
What are the 2 models of the justice system? |
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Definition
Crime control model and Crime justice system |
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Term
Search warrants issued by magistrate are presumed to be? |
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Definition
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Term
What does Starry decis mean? |
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Definition
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Term
Do people have a reasonable expectation is their trunk or a duffel bag? |
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Definition
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Term
If you have a hunch crime is afoot what standard of proof do you have? |
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Definition
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Term
Is the standard of proof for a Motion to Suppress beyond a reasonable doubt? |
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Definition
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Term
What 2 things are needed for their to be a crime? |
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Definition
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Term
Which types of crimes are more likely to go to trial, serious offenses or minor offenses? |
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Definition
Serious offenses are more likely to go to trial |
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Term
The Federal system is based on ___________ and is broken up into _____ circuits |
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Definition
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Term
What amendment says Fed Laws are applicable to the states? |
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Definition
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Term
The circuit courts of appeals are concerned with issues of __________? |
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Definition
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Term
The United States Attorney is appointed by the __________ and serves at the pleasure of the ____________. |
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Definition
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Term
The ________________ is resonsible for the entire federal system. _________________ is not responsible for the entire federal system |
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Definition
Chief Justice, Chief judge of supreme court |
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Term
Who is important during the trial? The defendant or the victim? |
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Definition
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Term
Who affects the mood or overall morale at the court? |
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Definition
People working at the court |
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Term
Does the prosecutor in a criminal case represent the victim? |
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Definition
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Term
What does the prosecutor do for the victim? |
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Definition
Prepares victim for trial |
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Term
Who does the prosecutor represent at the trial? |
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Definition
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Term
What commonly fustrates the victims at trial? |
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Definition
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Term
If a police show up at a dispute in VA and someone has a mark what must the police do? |
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Definition
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Term
The 4th Amendment deals with? |
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Definition
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Term
To get a case to the supreme court their must be a ________? |
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Definition
Substantial Federal Question |
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Term
the crime control model is conservative or liberal? |
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Definition
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Term
The due process model is conservative or liberal? |
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Definition
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Term
Does the defense lawyer appear before the grandjury? |
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Definition
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Term
What is involved with an Alford Plea? |
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Definition
Not going to trial and not pleading guilty. Bit enters plea for best interest -> maintains innocence. |
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Term
What is involved with a no contest plea? |
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Definition
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Term
If mens rea and actus rea are missing is their a crime? |
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Definition
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Term
What is extradition in the criminal justice system? |
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Definition
Person is outside of the jurisdiction, so you brign them back to the state for indictment. One state to another. |
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Term
Do defense lawayers post bail for defendents? What do defense lawyers do for defendents in term for bail? |
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Definition
No. They do argue bond motions (reducing bond dollars). |
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Term
What does jurisdiction mean? |
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Definition
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Term
What are the systems of Government in the United States |
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Definition
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Term
Where are the most cases heard? |
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Definition
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Term
What does Trial De Novo mean? |
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Definition
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Term
What are the 3 branhcs of government |
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Definition
Executive, Legislative, Judicial |
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Term
What is the standard of proof for a civil case? |
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Definition
preponderance of evidence |
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Term
What do many victims feel during criminal trials? |
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Definition
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Term
What happens when a person gets there case heard at circuit court? |
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Definition
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Term
How does a person get there case heard at circuit court? |
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Definition
They appeal after district court usign a writ. Case his reheard |
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Term
the crimal justice system feels it is important to do everything they can to ___________the familly |
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Definition
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Term
What is the defense Attorneys job? |
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Definition
To zealousy provide defense to the defendant |
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Term
the state attorney General is elected? |
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Definition
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Term
What is involved with horizontal prosecution? |
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Definition
Younger prosecutor does prelim hearing. Then hands it off to experenced prosecutor for trial. |
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Term
What is involved with vertical prosecution? |
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Definition
Younger prosecutor does prelim and trial |
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Term
Judges used to be______ _______ .It Is now much more diverse and based on ________ |
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Definition
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Term
What are 2 constitutional provison for the right of counsel? When do they take into affect. |
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Definition
5th amendment pre tiral, 6th amendment trial |
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Term
__________ is responsible in determining if probable cause to indict. |
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Definition
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Term
Motion to Suppress deals with what amendments? |
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Definition
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Term
What are the 3 different types of Pleas? |
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Definition
-not guilty -no contest -Alford Plea(Hybrid) |
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Term
On the Federal side who nominates the United States Attorney? When does their term end? |
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Definition
-President -Lose job when president leaves or president no longer wants em. |
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Term
On the state side how does the commonwealth attorney(Prosecutor)get their job? How long the term? |
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Definition
-locally elected -4 Yr term |
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Term
The federal system how does a U.S district Judge get their job? How long is their appointment? |
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Definition
-Nominated by president -Lifetime Appointment |
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Term
In the Federal system how does a U.S. Circuit court judge get their job? How long is their appointment? |
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Definition
-President nominated -lifetime |
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Term
In the federal system how a U.S. supreme court judge get their job? How long is the appointment? |
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Definition
-Nominated by POTUS -Lifetime Appointment |
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Term
In the state system how do VA General District court judges get their job? How logn is their appointment |
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Definition
-Hybrid method of getting job. nominations of sorts -6 yrs |
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Term
In the state system how do Circuit Court Judges get their job? How long is their appointment? |
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Definition
-Hybrid nomination of sorts -8 yr appointment |
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Term
In the state system how do VA Supreme Court Justices get their job? How long is their appointment |
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Definition
-hybrid method -12 year appointments |
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Term
The Missouri Bar plan is all about ______ |
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Definition
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Term
The extent of due process is based on the __________of the charge |
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Definition
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