Podcast
Questions and Answers
A request made after a trial by a party that has lost on one or more issues is known as an ______.
A request made after a trial by a party that has lost on one or more issues is known as an ______.
appeal
The party who appeals a lower court decision is referred to as the ______.
The party who appeals a lower court decision is referred to as the ______.
appellant
Detaining an accused person in jail prior to trial is known as ______ detention.
Detaining an accused person in jail prior to trial is known as ______ detention.
pretrial
Money paid to the victim of a crime as part of a criminal sanction is called ______.
Money paid to the victim of a crime as part of a criminal sanction is called ______.
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The legally required amount of evidence necessary to achieve a particular criminal justice purpose is termed the ______ standard.
The legally required amount of evidence necessary to achieve a particular criminal justice purpose is termed the ______ standard.
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A type of arrest warrant issued by a judge is known as a ______ warrant.
A type of arrest warrant issued by a judge is known as a ______ warrant.
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The duty to prove disputed facts is referred to as the ______ of proof.
The duty to prove disputed facts is referred to as the ______ of proof.
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The legal standard required to secure a conviction in criminal court is called ______ a reasonable doubt.
The legal standard required to secure a conviction in criminal court is called ______ a reasonable doubt.
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Oral ______ provides lawyers with the chance to present their case and respond to the judges' inquiries.
Oral ______ provides lawyers with the chance to present their case and respond to the judges' inquiries.
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The release of a person accused of a crime under specified conditions before trial is known as ______.
The release of a person accused of a crime under specified conditions before trial is known as ______.
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A formal request for the Supreme Court to review a lower court decision is called a petition for a writ of ______.
A formal request for the Supreme Court to review a lower court decision is called a petition for a writ of ______.
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The analogy representing many crimes leading to very few prison sentences is known as the criminal justice ______.
The analogy representing many crimes leading to very few prison sentences is known as the criminal justice ______.
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En Banc is a French term meaning '______ the bench.'
En Banc is a French term meaning '______ the bench.'
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A prison term served without the option of parole is referred to as ______ timed.
A prison term served without the option of parole is referred to as ______ timed.
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The ______ officer supervises released defendants and conducts presentence investigations.
The ______ officer supervises released defendants and conducts presentence investigations.
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A monetary punishment for wrongdoing is referred to as a ______ fine.
A monetary punishment for wrongdoing is referred to as a ______ fine.
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The process of a formal examination of evidence to determine guilt is called a ______.
The process of a formal examination of evidence to determine guilt is called a ______.
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Detainees who pose a risk to the community may experience ______ detention.
Detainees who pose a risk to the community may experience ______ detention.
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Judges use ______ guidelines to determine an appropriate sentence for a convicted defendant.
Judges use ______ guidelines to determine an appropriate sentence for a convicted defendant.
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An ______ argument allows lawyers to summarize their positions and answer questions from judges.
An ______ argument allows lawyers to summarize their positions and answer questions from judges.
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Study Notes
Appeal
- A request made to a higher court to review a lower court's decision.
Appellant
- The party making the appeal.
Bail
- The release of a person accused of a crime before trial under specific conditions to ensure their court appearance.
Bench Warrant
- Issued by a judge to arrest someone who has failed to appear in court.
Beyond a Reasonable Doubt (BRD)
- The legal standard of proof required for a criminal conviction.
Burden of Proof
- The responsibility to demonstrate the truth of a claim in court.
Criminal Justice Funnel
- A model illustrating the large number of crimes but relatively few resulting prison sentences.
En Banc
- All judges of an appellate court hearing a case together.
Evidentiary Standard
- The amount of evidence legally required to achieve a specific criminal justice outcome.
Flat Timed
- A prison term served without parole.
Monetary Fine
- Payment of money as punishment for wrongdoing.
Oral Argument
- Lawyers summarizing their case before the court and responding to judges' questions.
Petition for a Writ of Certiorari
- A formal request for the Supreme Court to review a lower court's decision.
Pretrial Detention
- Detaining an accused person in jail before trial due to failure to post bail, flight risk, or community safety concerns.
Probation Officer
- Conducts presentence investigations, writes reports on defendants, and supervises released defendants.
Restitution
- Payment of money to the victim of a crime as part of punishment for a criminal offense.
Sentence
- The punishment ordered by a court for a convicted defendant.
Sentencing Guidelines
- Rules and principles established by the United States Sentencing Commission used by trial judges to determine sentences.
Trial
- A formal process of examining evidence before a judge to determine guilt.
United States Circuit Courts
- The original name for the United States Courts of Appeal.
United States Sentencing Commission
- An agency responsible for establishing sentencing policies and procedures for the federal court system.
Appeals and Legal Proceedings
- Appeal: A request by a losing party to a higher court to review a lower court's decision.
- Appellant: The party who initiates the appeal, seeking to overturn the lower court's decision.
- Bail: Release of an accused person before trial, under conditions ensuring their court appearance.
- Bench Warrant: An arrest warrant issued by a judge, not police, to compel a person's appearance in court.
Proof and Burden of Proof
- Beyond a Reasonable Doubt (BRD): The standard of proof required for a criminal conviction.
- Burden of Proof: The responsibility to prove disputed facts, often falling on the prosecution in criminal cases.
Criminal Justice System
- Criminal Justice Funnel: A model illustrating the decreasing number of cases progressing through the system, with many crimes resulting in few prison sentences.
- En Banc: All judges on an appellate court hearing a case together, rather than smaller panels.
- Evidentiary Standard: The legally required amount of evidence needed for a specific legal outcome.
Sentencing and Punishment
- Flat Timed: A prison sentence served fully without parole.
- Monetary Fine: A payment to the government as a punishment for wrongdoing.
- Oral Argument: A chance for lawyers to present their case to a court and answer judges' questions.
- Petition for a Writ of Certiorari: A request to the Supreme Court to review a lower court's decision.
- Pretrial Detention: Holding an accused person in jail before trial due to non-payment of bail, risk of flight, or danger to the community.
- Probation Officer: A professional responsible for pre-sentence investigations, presentence reports, and supervising released defendants.
- Restitution: Financial compensation paid to a crime victim as part of the sentence.
- Sentence: The punishment ordered by a court for a convicted person.
- Sentencing Guidelines: Rules and principles established by the US Sentencing Commission, guiding judges in determining sentences.
Courts and Agencies
- Trial: A formal process of examining evidence before a judge to determine guilt or innocence.
- United States Circuit Courts: Formerly known as the United States Courts of Appeal.
- United States Sentencing Commission: The agency that sets sentencing policies and procedures for the federal court system.
Appeal
- A request made by a party who has lost on one or more issues in a trial, asking a higher court to review the decision and determine if it was correct.
- The party making the appeal is called the appellant.
- The appellant generally seeks to overturn the lower court’s decision.
Bail
- The release of a person accused of a crime prior to their trial.
- Conditions are set to ensure the person appears in court.
- These conditions can include monetary bonds, restrictions on travel or contact with specific individuals, and monitoring through electronic devices.
Bench Warrant
- An arrest warrant issued by a judge on behalf of the court.
- This differs from a regular warrant issued by police.
- Used when a defendant fails to appear in court or violates court orders.
Beyond a Reasonable Doubt (BRD)
- The legal standard of proof required for a conviction in criminal court.
- The prosecution must present evidence that convinces the jury that the defendant is guilty beyond a reasonable doubt.
- This is a very high standard of proof, meaning the jury cannot have any reasonable doubt about the defendant’s guilt.
Burden of Proof
- The legal responsibility to prove disputed facts.
- This may fall to the prosecution in a criminal trial or to the plaintiff in a civil case.
- The specific legal standard (e.g., beyond a reasonable doubt) depends on the type of case.
Criminal Justice Funnel
- An analogy used to describe the narrowing process in the criminal justice system.
- Many crimes are reported, but only a small percentage lead to prison sentences.
- Represents the significant drop-off in cases as they move through different stages of the system.
En Banc
- A French phrase meaning "on the bench."
- Refers to the situation where all judges of an appellate court hear a case together.
- Usually, appellate court decisions are made by panels of three judges, but an en banc hearing considers the case with all judges present.
Evidentiary Standard
- The legal requirement for the amount of evidence needed to achieve a specific outcome in the criminal justice system.
- This can vary depending on the stage of the process (e.g., probable cause for arrest, sufficient evidence for a conviction).
- Examples include "beyond a reasonable doubt" and "probable cause."
Flat Timed
- A prison term served in its entirety, without the possibility of parole.
- This means the offender must serve the full length of their sentence without any potential for early release.
- Common in jurisdictions where parole is not available or is limited.
Monetary Fine
- A punishment for wrongdoing that involves paying money to the government.
- The amount of the fine depends on the severity of the offense and can be significant.
- Fines are often used in conjunction with other punishments, such as probation or jail time.
Oral Argument
- An opportunity for lawyers to summarize their case before the court.
- They also answer questions from the judges during this time.
- This allows the judges to clarify issues and ask about specific arguments before delivering a verdict.
Petition for a Writ of Certiorari
- A formal request made by a party to a lower court decision seeking review by the Supreme Court.
- The Supreme Court has discretion to decide which cases to review.
- If the petition is granted, the Supreme Court will hear the case.
Pretrial Detention
- Holding an accused person in jail prior to their trial.
- This can be due to the defendant not posting bail, being considered a flight risk, or posing a danger to the community.
- Pretrial detention is a significant issue in the criminal justice system, as it raises concerns about fairness and access to due process for defendants.
Probation Officer
- A professional responsible for managing individuals on probation.
- Duties include conducting pre-sentencing investigations, preparing reports on convicted defendants, and supervising released defendants.
- They work to ensure probationers comply with court-ordered conditions and successfully reintegrate into society.
Restitution
- Money paid to the victim of a crime as part of a criminal sanction.
- Aims to compensate the victim for financial losses resulting from the crime.
- Can be ordered by the court at the time of sentencing.
Sentence
- The punishment ordered by a court for a defendant convicted of a crime.
- Can include various forms of punishment, such as imprisonment, probation, fines, or community service.
- The severity of the sentence is determined based on the crime committed and the defendant’s criminal history.
Sentencing Guidelines
- A set of established rules and principles used by trial judges to determine the sentence for a convicted defendant.
- Developed by the United States Sentencing Commission to promote consistency and fairness in sentencing.
- Guidelines provide a range of potential sentences for different offenses, taking factors like criminal history into account.
Trial
- A formal examination of evidence before a judge (or jury) to determine guilt or innocence.
- Witnesses are called to testify, and evidence is presented.
- The goal is to reach a verdict based on the evidence presented.
United States Circuit Courts
- The former name for the United States Courts of Appeal.
- These courts are intermediate appellate courts, responsible for reviewing decisions made by lower federal courts.
- Function as the first level of appeal in the federal court system.
### United States Sentencing Commission
- The agency responsible for setting sentencing policies and procedures for the federal court system.
- Created in 1984 to reduce disparities in sentencing and ensure consistency in federal sentencing practices.
- Develops sentencing guidelines and provides training for judges, probation officers, and other personnel involved in sentencing.
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Description
Test your knowledge of essential legal terms and concepts with this quiz. Each question focuses on areas such as appeals, criminal justice, and courtroom procedures. Perfect for law students or anyone interested in understanding the legal system.
