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Exam (elaborations)

AAERT Questions and Answers

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  • AAERT CER

Proceedings in a criminal case  :-- 1. John is arrested and taken into custody 2. The county's grand jury looks at the evidence and determines if there's enough evidence to warrant a trial and return a "bill of indictment" 3. Each charge is recited in a "count" 4. John is "arraigned" to e...

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  • August 28, 2024
  • 32
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • AAERT CER
  • AAERT CER
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AAERT Questions and Answers
Proceedings in a criminal case


 :-- 1. John is arrested and taken into custody

2. The county's grand jury looks at the evidence and determines if there's enough evidence to

warrant a trial and return a "bill of indictment"

3. Each charge is recited in a "count"

4. John is "arraigned" to enter his plea with the court (guilty or not guilty)




Jury Selection


 :-- Random people are ordered to "voire dire" examination which determined their

suitability for the case.




Opposing side my challenge their abilities to serve on a trial. (Preemptory/for-cause)




Inferences are


 :-- Complaints Jurors make about a defendant not taking the stand at trial and speak to

them




Who explains the Jury's responsibilities?


 :-- The judge tells them about the burden of proof, facts beyond a reasonable doubt, and

weight of evidence when deciding a case




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mitigating circumstances


 :-- Any circumstances accompanying the commission of a crime that may justify a lighter

sentence.




(lowered departure)




aggrivating circumstances


 :-- factors that tend to make the crime worse, such as a gruesome murder or previous

convictions




(upward departure)




action


 :-- A lawsuit brought to court




Adverse witness


 :-- A person who is contrary or hostile giving testimony under oath in a court




Affadavit


 :-- *Sworn statement of facts in an incident made under oath




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*Signed document (K.B)




answer


 :-- response by defendant denying plaintiff's complaint




Arraignment


 :-- A hearing in which a suspect is charged and pleads guilty or not guilty




Bail - Own Recognizance


 :-- Money deposited to the court as collateral to get someone to appear back in court




Bench conference


 :-- A discussion between the judge and attorneys, usually conducted at the judge's bench

so the jury cannot hear what is said. (MAY OR MAY NOT BE ON THE RECORD)




beyond a reasonble doubt


 :-- standard conviction for a criminal trial




preponderance of the evidence


 :-- The standard of proof in a civil case




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briefs


 :-- written documents in which attorneys explain, using case precedents, why the court

should find in favor of their client




burden of proof


 :-- the obligation to present evidence to support one's claim




case in chief


 :-- the case presented by each party in a trial




writ of certiorari (banana peel)


 :-- Order by the Supreme Court directing a lower court to send up the records of a case

for review, IF a hearing is granted.




challenge


 :-- *Objection to having someone serve as a juror




*(Preemptory/For-Cause)




Chattel


 :-- personal property




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