Shared Flashcard Set

Details

Final Legal Review
Final Review
131
Law
Not Applicable
09/30/2011

Additional Law Flashcards

 


 

Cards

Term
Juvenile court is a department within
Definition
superior court
Term
felony trials
Definition
superior court, unlimited calendar
Term
misdemeanor trials
Definition
limited calendar
Term
pre-pre and preliminary hearings
Definition
limited calendar
Term
"held to answer" or "bound over"
Definition
probable cause established; defendant rearraigned on the unlimited calendar
Term
nolo contendere
Definition
no contest; procedurally the same as a guilty plea
Term
preliminary hearing
Definition
to determine probable cause
Term
superior court is a court of
Definition
general jurisdiction
Term
California does not apply common law to
Definition
criminal cases
Term
public defender
Definition
represents indigent defendants
Term
district attorney
Definition
chief law enforcement of the county
Term
Attorney general
Definition
chief law enforcement of the state (Kamala Harris)
Term
city attorney
Definition
prosecutes misdemeanors
Term
Supreme Court
Definition
court of last resort
Term
How many coroners are there in every county?
Definition
At least one
Term
Court of Appeal
Definition
hears most appeals from superior court
Term
Grand jury hearings
Definition
ex parte (D.A. Plf attorney); bypasses the pre-pre and the preliminary hearings
Term
misdemeanor
Definition
fine or county jail (a year or less) or both
Term
felony
Definition
over a year in state prison
Term
"Counts" in juvenile court
Definition
paragraphs
Term
"People" in juvenile court
Definition
petitioner
Term
"Trials" in juvenile court
Definition
adjudication hearings
Term
What is the difference between murder and manslaughter?
Definition
The degree of the crime
Term
Reporter's transcript: preliminary hearing
Definition
10 days
Term
Reporter's transcript: grand jury hearing
Definition
10 days, and becomes public 10 days after both parties receive it
Term
Reporter's transcript: sentencing hearing
Definition
10 days. A sentence of probation is not automatically transcribed.
Term
misdemeanant
Definition
one found guilty of a misdemeanor
Term
larceny
Definition
stealing
Term
kidnapping
Definition
asportation
Term
arraignment
Definition
the accused's first appearance in court; rights and charges are read, and the plea is entered
Term
Information
Definition
charges filed by the D.A. (District Attorney)
Term
Indictment
Definition
charges filed by the grand jury (true bill)
Term
malfeasance
Definition
misconduct in public office
Term
mala in se
Definition
evil in and of itself; such as murder, rape, arson, and robbery
Term
M'Naughten Rule
Definition
The right versus wrong test for insanity
Term
When the accused pleads guilty to a misdemeanor
Definition
sentenced on limited calendar
Term
The accused pleads not guilty to a misdemeanor
Definition
tried on limited calendar
Term
Court of Appeals justices
Definition
elected by the voters; vacancies filled by Governor's appointment
Term
death penalty
Definition
automatically appealed to the Supreme Court
Term
Coroner's Inquest
Definition
judicial inquiry into the circumstances of death (suspicion of foul play)
Term
Miranda
Definition
right to remain silent, etc. (Miranda vs. Arizona)
Term
The landmark case that provided the right to counsel at the police/custody/arrest
Definition
Miranda vs. Arizona
Term
Rule of Four
Definition
discretionary power of the Supreme Court
Term
Blue Ribbon Jury
Definition
specialized panel of selected jurors; selected to hear technical cases (tradition only; rarely used)
Term
Penal Code
Definition
lists filing times for preliminary hearings
Term
Which code defines crimes
Definition
Penal Code
Term
trial de novo
Definition
held as though no previous trial had been held (new trial); on mistrial or remand (sent from appeals back to superior court)
Term
District Attorney
Definition
summons the grand jury
Term
Marsden hearing
Definition
sealed transcript; confidential; when a juvenile case, reporter's transcrip is prepared only upon judge's order
Term
PC995
Definition
motion to set aside the Indictment or Information (no probable cause)
Term
PC867
Definition
motion to sequester witnesses
Term
PC1538.5
Definition
motion to suppress illegally seized evidence
Term
PC859(a)
Definition
negotiated plea, lesser felony
Term
PC17(b)5
Definition
motion to reduce a felony to a misdemeanor
Term
Aranda motion
Definition
to sever the codefendants (separate trials)
Term
4th Amendment
Definition
unreasonable search and seizure
Term
5th Amendment
Definition
due process - double jeopardy, self-incrimination
Term
14th Amendment
Definition
equal protection clause applied 5th Amendment guarantees to citizens of all states
Term
6th Amendment
Definition
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
Term
Evidence Code 402
Definition
foundation hearing
Term
writ of mandamus
Definition
order to a public official or agency to do a specific act
Term
writ of certiorari
Definition
writ of judicial review; an appellate method
Term
writ of habeas corpus
Definition
to question detention without due process of law
Term
civil jurisdiction of U.S. District Court
Definition
over $50,000
Term
impeachment cases
Definition
held without a jury
Term
concurrent jurisdiction
Definition
issues may be state or federal
Term
U.S. District Court
Definition
where a federal trial would commence (original jurisdiction)
Term
exhaustion of judicial remedies
Definition
failed in state system; go to U.S. Supreme Court
Term
diversity of citizenship
Definition
citizen of one state sues a citizen of another state
Term
en banc
Definition
all justices sitting on the bench with no absentees (Supreme Court and circuit Courts)
Term
U.S. Supreme Court
Definition
highest court of the land; original jurisdiction when ambassadors are involved
Term
federal justices
Definition
appointed for life
Term
appeal from the Court of Claims go to
Definition
Supreme Court
Term
When one dies intestate...
Definition
survivors inherit first
Term
consanguinity
Definition
blood relationship (lineal descendants)
Term
precatory words
Definition
vaguely expressed wishes that the courts are not obligated to interpret
Term
probate
Definition
process of proving a will to be valid
Term
pretermitted heir
Definition
unintentionally omitted; allowed to inherit
Term
holographic will
Definition
entirely in the handwriting of the testator
Term
hereditaments
Definition
anthing that can be inherited; real or personal property
Term
devise
Definition
real property
Term
bequest or legacy
Definition
personal property
Term
ambulatory instrument
Definition
one capable of being changed
Term
codicil
Definition
amendment or supplement to a will
Term
guardian ad litem
Definition
appointed to represent a minor or one mentally incompetent, during the litigation
Term
ancillary proceedings
Definition
secondary probate proceedings in another state; subordinate or auxiliary
Term
ademption
Definition
lessening or cancellation of a legacy becuase the testator parted with it
Term
abatement
Definition
lessening or cancellation of a legacy because of excessive debts
Term
per stirpes
Definition
by family roots; manner of inheritance when one dies intestate
Term
statutory right
Definition
right to inherit or dispose of property by a will (Probate Code)
Term
residuary estate
Definition
what is left after debts are satisfied
Term
executrix
Definition
woman named in a will, to carry out the wishes of the testator
Term
surrogate
Definition
probate judge
Term
subornation
Definition
inducing one to commit perjury; punishable the same as perjury
Term
collusion
Definition
conspiracy between two or more to commit fraud
Term
scienter
Definition
knowledge of the falseness; guilty knowledge in cases of fraud
Term
sui juris
Definition
having legal capacity under the law
Term
citations 32 Cal.App.4th, 674
Definition
32 = Volume; 4 = series; 674 = page number
Term
bona vacantia
Definition
unclaimed/abandoned goods; lost and found assets
Term
tolled
Definition
something is suspended or held in abeyance (until a case is completed)
Term
substantive law
Definition
rights and duties of citizens toward one another
Term
procedural law
Definition
method to prepare a case for trial or to a final decree
Term
gravamen
Definition
cruical point; foundation of a lawyer's case
Term
a fortiori
Definition
for a stronger reason or towards a stronger reason
Term
ad hoc
Definition
special purpose; "ad hoc committee" ; usually temporary
Term
a priori
Definition
deductive reasoning; stating a theory or a conclusion before gathering all the facts
Term
animus furandi
Definition
intent to steal
Term
animus testandi
Definition
intent to make a will; necessary element of a valid will
Term
sine qua non
Definition
critical element: such as malice aforethought in the killing or murder
Term
remand
Definition
sent back to original trial court
Term
headnote
Definition
summary of reported casepoints
Term
case law
Definition
written opinions from cases decided in apellate courts. Sets a precedent for future cases
Term
in re supra
Definition
previously cited case
Term
letters rogatory
Definition
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
Term
Federal U.S. Supreme Court Chief Justice
Definition
John Roberts (Highest)
Term
California Chief Justice of the Supreme Court
Definition
Ronald George
Term
Federal U.S. Attorney General
Definition
Eric Holder
Term
California Attorney General
Definition
Kamala Harris
Term
Synonyms for pardon
Definition
absolve; exonerate; innocent
Term
forbidden by law
Definition
illegal
Term
ex parte hearing
Definition
considered secret; only the prosecution's side is represented
Term
synonym for sentencing
Definition
judgement
Term
recidivist
Definition
a repeater; habitual lawbreaker
Term
allegations
Definition
charges in a criminal complaint
Term
O.R.
Definition
release of a convict on good behavior before the entire sentence is served
Term
3 possible pleas
Definition
guilty, not guilty, and nolo contendere
Term
docket
Definition
public record of court proceedings kept by the court clerk
Term
mensrea
Definition
the critical element of murder one
Term
bench warrant
Definition
if a person is in contempt of court for nonappearance, the judge will use it
Term
compos mentis
Definition
a person who has full legal capacity and is not limited by any legal disability
Term
synonym for imprisonment
Definition
incarceration
Supporting users have an ad free experience!