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Juvenile court is a department within |
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superior court, unlimited calendar |
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pre-pre and preliminary hearings |
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"held to answer" or "bound over" |
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probable cause established; defendant rearraigned on the unlimited calendar |
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no contest; procedurally the same as a guilty plea |
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to determine probable cause |
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superior court is a court of |
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California does not apply common law to |
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represents indigent defendants |
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chief law enforcement of the county |
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chief law enforcement of the state (Kamala Harris) |
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How many coroners are there in every county? |
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hears most appeals from superior court |
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ex parte (D.A. Plf attorney); bypasses the pre-pre and the preliminary hearings |
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fine or county jail (a year or less) or both |
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over a year in state prison |
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"Counts" in juvenile court |
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"People" in juvenile court |
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"Trials" in juvenile court |
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What is the difference between murder and manslaughter? |
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Reporter's transcript: preliminary hearing |
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Reporter's transcript: grand jury hearing |
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10 days, and becomes public 10 days after both parties receive it |
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Reporter's transcript: sentencing hearing |
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10 days. A sentence of probation is not automatically transcribed. |
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one found guilty of a misdemeanor |
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the accused's first appearance in court; rights and charges are read, and the plea is entered |
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charges filed by the D.A. (District Attorney) |
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charges filed by the grand jury (true bill) |
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misconduct in public office |
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evil in and of itself; such as murder, rape, arson, and robbery |
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The right versus wrong test for insanity |
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When the accused pleads guilty to a misdemeanor |
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sentenced on limited calendar |
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The accused pleads not guilty to a misdemeanor |
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tried on limited calendar |
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Court of Appeals justices |
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elected by the voters; vacancies filled by Governor's appointment |
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automatically appealed to the Supreme Court |
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judicial inquiry into the circumstances of death (suspicion of foul play) |
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right to remain silent, etc. (Miranda vs. Arizona) |
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The landmark case that provided the right to counsel at the police/custody/arrest |
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discretionary power of the Supreme Court |
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specialized panel of selected jurors; selected to hear technical cases (tradition only; rarely used) |
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lists filing times for preliminary hearings |
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Which code defines crimes |
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held as though no previous trial had been held (new trial); on mistrial or remand (sent from appeals back to superior court) |
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sealed transcript; confidential; when a juvenile case, reporter's transcrip is prepared only upon judge's order |
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motion to set aside the Indictment or Information (no probable cause) |
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motion to sequester witnesses |
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motion to suppress illegally seized evidence |
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negotiated plea, lesser felony |
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motion to reduce a felony to a misdemeanor |
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to sever the codefendants (separate trials) |
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unreasonable search and seizure |
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due process - double jeopardy, self-incrimination |
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equal protection clause applied 5th Amendment guarantees to citizens of all states |
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right to speedy trial by jury of one's peers; right to counsel; right to confront those who accuse you; right to call witnesses on your own behalf |
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order to a public official or agency to do a specific act |
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writ of judicial review; an appellate method |
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to question detention without due process of law |
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civil jurisdiction of U.S. District Court |
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issues may be state or federal |
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where a federal trial would commence (original jurisdiction) |
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exhaustion of judicial remedies |
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failed in state system; go to U.S. Supreme Court |
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citizen of one state sues a citizen of another state |
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all justices sitting on the bench with no absentees (Supreme Court and circuit Courts) |
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highest court of the land; original jurisdiction when ambassadors are involved |
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appeal from the Court of Claims go to |
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When one dies intestate... |
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blood relationship (lineal descendants) |
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vaguely expressed wishes that the courts are not obligated to interpret |
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process of proving a will to be valid |
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unintentionally omitted; allowed to inherit |
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entirely in the handwriting of the testator |
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anthing that can be inherited; real or personal property |
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one capable of being changed |
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amendment or supplement to a will |
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appointed to represent a minor or one mentally incompetent, during the litigation |
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secondary probate proceedings in another state; subordinate or auxiliary |
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lessening or cancellation of a legacy becuase the testator parted with it |
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lessening or cancellation of a legacy because of excessive debts |
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by family roots; manner of inheritance when one dies intestate |
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right to inherit or dispose of property by a will (Probate Code) |
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what is left after debts are satisfied |
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woman named in a will, to carry out the wishes of the testator |
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inducing one to commit perjury; punishable the same as perjury |
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conspiracy between two or more to commit fraud |
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knowledge of the falseness; guilty knowledge in cases of fraud |
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having legal capacity under the law |
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citations 32 Cal.App.4th, 674 |
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32 = Volume; 4 = series; 674 = page number |
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unclaimed/abandoned goods; lost and found assets |
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something is suspended or held in abeyance (until a case is completed) |
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rights and duties of citizens toward one another |
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method to prepare a case for trial or to a final decree |
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cruical point; foundation of a lawyer's case |
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for a stronger reason or towards a stronger reason |
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special purpose; "ad hoc committee" ; usually temporary |
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deductive reasoning; stating a theory or a conclusion before gathering all the facts |
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intent to make a will; necessary element of a valid will |
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critical element: such as malice aforethought in the killing or murder |
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sent back to original trial court |
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summary of reported casepoints |
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written opinions from cases decided in apellate courts. Sets a precedent for future cases |
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letter or request from a U.S judge to a judge in a foreign country asking to send someone back to states or asking for sworn testimony |
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Federal U.S. Supreme Court Chief Justice |
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California Chief Justice of the Supreme Court |
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Federal U.S. Attorney General |
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California Attorney General |
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absolve; exonerate; innocent |
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considered secret; only the prosecution's side is represented |
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a repeater; habitual lawbreaker |
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charges in a criminal complaint |
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release of a convict on good behavior before the entire sentence is served |
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guilty, not guilty, and nolo contendere |
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public record of court proceedings kept by the court clerk |
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the critical element of murder one |
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if a person is in contempt of court for nonappearance, the judge will use it |
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a person who has full legal capacity and is not limited by any legal disability |
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