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Prompts for CJC test

Terms in this set (28)

Jurisdiction
The power to act for a sovereign government
-power to administer law over matter
Territorial jurisdiction
geographic. certain countys rule within that county.
Subject matter
law within ones jurisdiction. Drug courts etc.
personam jursidiction
the people over whom one is allowed to administer ones jurisdiction.
Article 1
-power is granted to congress which consists of a HOR and a senate
Article 1 Section 8:
-congress has the power to lay and collect taxes. to pay debts and provide for the common defense and general welfare
--commerce within foreign nations and amonf the several states
-power to coin money
-punishment of counterfeiting
-post offices
-declare war
Article 2
power is invested in the president of the US
-he shall serve a four year term
Article 3
JUDICIAL POWER is invested in the SUPREME COURT and in INFERIOR COURTS as the CONGRESS.
-compensation can't be diminished during office
- the judicial power shall extend to all cases in law and equity arising under this constitution. the laws are made under their authority
- trial of all crimes except impeachment shall be by jury
Article IV section 1
full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state
Article VI clause 2
Laws and treaties made shall be the supreme law of the land
- senators and representatives before mentioned and all executive and judicial officers shall be bound by oath or affirmation to support this constitution shall be bound by oath and no religious test may be involved
Brady vs. maryland
The Supreme Court held that withholding exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment"; and the court determined that under Maryland state law the withheld evidence could not have exculpated the defendant but was material to the level of punishment he would be given
-it is the prosecutors duty to disclose exculpatory evidence
Batson vs. Kentucky
outlawing racial and gender discrimination in jury selection by either prosecution or defense
Appellate review
...
When does the prosecutor have the right to appeal?
prosecutor may be able to appeal certain rulings, such as when a judge has ordered that some evidence be "suppressed" Appeals that take place in the midst of a trial are called interlocutory appeals.
When can the defendant appeal?
when they are found guilty it is often that they appeal
incorrect rulings and decisions by JUDGES is called
Error
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