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Questions and Answers
What does a motion to quash seek to achieve?
What does a motion to quash seek to achieve?
Which of the following statements about a plea is correct?
Which of the following statements about a plea is correct?
What must happen during the arraignment process?
What must happen during the arraignment process?
What does the court proceeding involve?
What does the court proceeding involve?
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When might a plea not be considered guilty?
When might a plea not be considered guilty?
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What is the time frame within which the trial must be held after the arraignment?
What is the time frame within which the trial must be held after the arraignment?
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Which component is NOT part of the pre-trial process?
Which component is NOT part of the pre-trial process?
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How many days does the accused have to prepare for trial?
How many days does the accused have to prepare for trial?
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What occurs following the presentation of evidence in a trial?
What occurs following the presentation of evidence in a trial?
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In the case of an acquittal, what must the prosecution prove?
In the case of an acquittal, what must the prosecution prove?
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What happens if the accused admits the act but has a lawful defense?
What happens if the accused admits the act but has a lawful defense?
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What must a judgment be written in?
What must a judgment be written in?
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What is the final step that occurs after adjudication of guilt or innocence?
What is the final step that occurs after adjudication of guilt or innocence?
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Study Notes
Court Proceedings Overview
- Court proceedings are a legal process where cases are publicly heard and decided.
- Evidence, testimonies, and documents are presented to determine guilt or innocence.
Stages of Court Proceedings
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Arraignment and Plea (C-R-A):
- Formal reading of accusations against the accused.
- Accused is given a copy of the charges and asked to plead guilty or not guilty.
- Must be in open court.
- Accused must be present and plead personally.
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Pre-Trial (P-S-M-W-M-M):
- Held within 30 days of arraignment.
- Plea bargaining, stipulation of facts, evidence identification, and objections to admissibility are discussed.
- Modification of the trial order occurs if changes are needed.
- Agreed-upon matters are discussed and confirmed.
- Accused has 15 days to prepare for trial.
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Trial (P-D):
- Held within 30 days of the pre-trial.
- Both prosecution and defense present their evidence.
- Direct, cross, redirect, and recross examinations take place.
- The accused has 15 days to prepare for the trial.
-
Judgment (T):
- Decision by the court determining guilt or innocence.
- Penalty and civil liability are imposed, if applicable.
- The verdict is written in official language and signed by the judge.
- It clearly states the facts and the law upon which the decision is based.
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Convictions and Acquittal
- Conviction: Specifies the offense, aggravating/mitigating circumstances, the accused's participation, penalty, and civil liability.
- Acquittal: Indicates that the evidence presented did not sufficiently prove guilt.
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Appeal:
- Review of court decisions by higher courts.
- Cases decided by the Court of Appeals (CA) can appeal to the Supreme Court (SC), and Regional Trial Courts (RTC) can appeal to the CA.
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When are judgments final?
- If the accused waives the right to appeal.
- If the accused applies for probation.
- After the lapse of 15 days following the decision is handed down.
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New Trial/Motion for Reconsideration (MFR):
- New trial requested based on errors of law, irregularities impacting the accused's rights, new evidence discovered, or new proceedings.
- MFR requested based on errors of law or irregularities in the judgement, and there is no need for another proceeding.
- Specific number of days for appealing a judgement can be suspended.
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Description
Test your knowledge about the stages of court proceedings including arraignment, pre-trial, and trial. This quiz covers key concepts and legal terminology related to the judicial process. Challenge yourself and learn more about how cases are handled in court.