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Writing 101 Terms

Terms in this set (22)

Constitutional Law
Laws set forth in the Constitution
Statutory Law
Law passed by the U.S. Congress or state legislatures
Common Law
Laws based on precedent and customs
stare decisis
Using precedent to make decision
Investigatory
Phase of criminal procedure dealing with gathering evidence
Crime
Behavior that the law makes punishable
Complaint
The pleading that starts a case
Search and seizure
The gathering of evidence of a crime
Warrants
Written orders authorizing a person to make an arrest, a seizure, or a search
Adjudicatory
Phase of criminal procedure dealing with resolving the case/issue
Gerstein Hearing
Hearing to determine whether police possessed probable cause for an arrest
First Appearance
Appearance where counsel is provided, charges are set against you, and bail is set
Arraignment
The step in criminal proceeding where the defendant is brought in front of the court to hear the charges and enter a plea.
Writ of certiorari
A formal writ used to bring a case before the Supreme Court.
Docket
The list of potential cases that reach the Supreme Court.
Disposition
The final determination of the Supreme Court (affirmed, reversed, vacated, or remanded)
Decisions
The determination of the Justice (majority, concur, dissent)
The syllabus
The citation, facts of the case, procedural history, and holding
4th Amendment
Freedom from unreasonable searches and seizures. Sets up warrants and probable cause.
5th Amendment
Guarantees due process of law: providing for a grand jury, compensation for property loss, and outlaws double-jeopardy and self-incrimination
6th Amendment
Right to a public and speedy trial by local jury, right to legal counsel, right to know your accusers and the charges and evidence against you.
14th Amendment
Makes everyone born in the US a citizen that is equally protected under the law
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