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plea bargain in criminal cases |
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agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense |
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set; set and conviction; no contest;
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if defendant pleads “not guilty,” trial is ___.
; if defendant plead “guilty” (with or without a plea bargain agreement with the prosecution), punishment is __ and ___ entered.
; if defendant pleads ___ ___
the defendant is essentially saying “I didn’t do it, but I don’t want to go to trial, so I’ll accept punishment from the court to get it over with.
(when you agree to pay your speeding ticket rather than go to trial, you’re pleading __ ___ |
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grand jury
3 to 5; 15 to 20; 12 |
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Definition
the latter of which sits during a trial, hears evidence and renders a verdict in the trial and determines cause for criminal prosecution?
The district judge (appoints __ to__ citizens of the county to be jury commissioners. and they pick __ to __persons from the citizens of the county to be called as grand jurors for the next term of court. when __
qualified jurors are found to be present, the court impanels them as a grand jury, with one juror appointed foreman. |
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district attorney; felony; misdeamnor; indictment; 9; true bill; no bill; |
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Definition
The grand jury serves to hear consider cases for prosecution over a several month term. The grand jury usually hears presentations from the __ ___ of cases to be considered for prosecution. The grand jury votes as to whether they believe sufficient evidence exists to take the case to trial. The grand jury in Texas considers __ and not ___ case. If the grand jury determines by vote that a case should be taken to trial, they issue an ___
against the defendant in the case. ___ votes are necessary for a decision to indict. The indictment is termed a __ ___against a prisoner; a decision not to indict is termed a __ __.Additional, the grand jury may conduct investigations and make reports to the district court on conditions in the county or the misconduct of an individual trial
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amendement 7 ; civil cases |
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Definition
right to trial by jury in US Constitution.
trial by jury in __ __ |
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a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect ; |
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a legal mistake at the trial court level which is so significant (resulted in an improper judgment) that the judgment must be reversed by the appellate court. |
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- an error that does not affect a substantial right or change the outcome of a trial and does not warrant reversal or other modification of the lower court's decision on appeal. |
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- the prosecution of a person for an offense for which he or she has already been prosecuted . 5th amendment rules against this. |
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There is no jury in an ___ nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court. |
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city court with limited criminal jurisdiction; original jurisdiction over traffic misdemeanors maximum penalty is a fine or sanction |
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have original jurisdiction over traffic misdemeanors and class c misdemeanors; civil |
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jurisdiction of municipal courts? they exercise __ jurisdiction in cases involving dog |
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new trial, necessary for an appeal from a court that is not a court of record |
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A civil officer or lay judge who administers the law, esp. one who conducts a court that deals with minor offenses. |
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local county court for minor crime and civil suits |
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jurisdiction of JP courts (including Class C misdemeanors and small civil claims)- ? |
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JP court not a court of ___ |
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statutory county court to relieve county judge of judicial duties |
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- A written order issued by a court, commanding the party to whom it is addressed to perform or cease performing a specified act |
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___ ____verdicts appealed automatically and directly to Texas Court of Criminal Appeals |
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a document stating the facts and points of law of a client's case. |
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to assert as true or factual |
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appellate courts do not___ cases. appellate courts do not review evidence in their decision; appeals are based upon errors made in the application of the law in the trial or ___ ___ |
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to return (a case or matter) from one court to another esp. lower court or from a court to an administrative agency. |
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an opinion disagreeing with the majority in a supreme court ruling |
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an opinion that agrees with the majority in a supreme court ruling but differs on the reasoning |
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Texas is one of two states (with Oklahoma) that has two courts at the supreme level [called a ___ ___ |
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- a court order requiring explanation to a judge why a prisoner is being held in custody |
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a court order directing an official to perform an official duty |
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administrative duties of Texas Supreme Court |
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Definition
responsible for establishing the rules and procedures that govern trials and appeals in civil and juvenile cases in texas. Establishes the rules for the operation of state agencies in the judicial branch |
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issue involving the US Constitution is involved |
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Definition
losing parties in cases decided by the Texas Supreme Court or the Texas Court of Criminal Appeals may appeal the decision to the US Supreme Court if an |
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how are judges in Texas selected?- |
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when vacancies occur by resignation or death of the office holder. |
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when can Governor of Texas appoint judges? |
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Term
merit selection or Missouri Plan- |
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Definition
a method for the selection of
judges
.; a non-partisan commission reviews candidates for a judicial vacancy. The commission then sends to the governor a list of candidates considered best qualified. The governor then has sixty days to select a candidate from the list. If the governor does not make a selection within sixty days, the commission makes the selection. |
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retirement age for district and appellate judges in Texas |
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law made by judges in appellate decisions which establish precedent? (the ___ ___, precedent and stare decisis are the basis of English law and American law) |
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the making of law by a court in recognizing and applying new rules while administering justice; a decided case that furnishes a basis for determining later cases involving similar facts or issue |
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—[Latin for “to stand by things decided”] The doctrine of precedent, under which it is necessary for a court to follow earlier judicial decision made in appellate courts when the same points arise again in litigation |
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the jury listens to the facts in the case as presented by the two sides and decides the outcome of the case based on their decision on the facts |
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plea bargaining (prosecutors use this because they are overwhelmed by the tremendous number of criminal cases; the defendant's guilty plea assures a ___ __ ___ |
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a jury of twelve persons that is impaneled to try and to decide the facts at issue in a trial compare
grand jury |
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process of selecting a trial jury; picking a trial jury is a process of elimination |
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elimination of potential jurors based on basic fairness issues |
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equal number of "strikes" of potential jurors by both sides for whatever reason (plaintiff and defendant seek final jury favorable to their side) |
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(written by the opposing attorneys under the supervision of the judge)--legal instructions for the jury to refer to during their deliberation |
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requires unanimous decision, 12 of 12, to decide either guilt or innocence |
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required agreement of only 10 of the 12 jurors |
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where jury cannot reach a unanimous verdict; mistrial is declared |
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US Supreme Court has both original and appellate jurisdiction under___ ___.
most of the Supreme Court’s original jurisdiction has been turned over to the lower federal courts; however, the Supreme Court will hear a case under its original jurisdiction and hold a trial when the litigates are __ ___ |
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first African-American appointed to the U.S. Supreme Court (appointed by LBJ: Justice Marshall now deceased) |
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second African-American appointed to the U.S. Supreme Court (appointed by Bush; currently on the Court) |
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first woman appointed to the U.S. Supreme Court (by Reagan) |
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second woman appointed to U.S. Supreme Court (appointed by Clinton; currently on the Court) |
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associate justice; first latina; |
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(capital, 1st, 2nd, 3rd degree)-- |
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US Supreme Court decision which overturned the death penalty in the United States because its application violated the “cruel and unusual” prohibition of the 8th Amendment due to its “capricious and arbitrary” nature. The Court ruled the states could rewrite their death penalty statutes to provide for a consistent and nondiscriminatory use of the death penalty. |
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life in prison without parole |
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Definition
alternative to the death penalty |
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