SCCJA Block 1 Test questions and answers

vests the judicial power of the U.S. also has three sections article III congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or press or right of people to peaceaby assemble 1st amendment Right against unreasonable search and seizure 4th amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 5tH AMENDMENT In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. 6th amendment due process is defined by blacks law dictionary as "the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights including notice and the right to a fair hearing before a tribunal with the power to decide a case 14th amendment Law making branch Legislative Branch basic mission for law enforcement crime prevention how many members are appointed in U.S. supreme court and why? 9. uneven numbers allow for split decision without ties the body of prior judicial decisions that guide judges deciding issues before them case law a courts written explanation of its decision on a case intended to be relied upon as a statement of the law based on the facts of the case published opinion an opinion that the court has designated as unfit for publication. an opinion may be placed on the courts web page but will be classified as "unpublished" unpublished opinion what circuit court is south carolina designated in 4th circuit what are the two branches of circuit court common pleas - civil general sessions - criminal has jurisdiction over matters involving wills, estate, and mental competency issues. Also does not have any criminal jurisdiction S.C. probate court what is used for appeal for a state case to be heard in federal court writ of certiorari legislatively created laws statuatory law court based decisions common law a partys duty to prove a disputed assertion or charge, must be presented to be successful at any given stage in the legal process burden of proof the doubt that prevents one from being firmly convinced of a defendants guilt or the belief that the defendant is not guilty reasonable doubt the fact of being prosecuted or sentenced twice for substantially the same offense double jeopardy must be proven that the defendant committed the necessary actions that make up the crime physical action (actus reus) must be proven that the defendant had the right mental intent or mindset that makes up part of the crime mental intent (mens rea) will be held in magistrate and municipal court unless the charge carries a potential sentence of death or life imprisonment, must be held within 24 hours of arrest bond hearing held to determine if there is probable cause to hold the defendant for grand jury indictment preliminary hearing comprised of 18 jurors, at least 12 must agree before a "true bill" is established which will allow an indictment to be prepared for formal charging documents grand jury the defendant is brought in to plead after being advised of their rights arraignment aims to fix behavior that led to arrest and avoid any future criminal behavior diversionary programs who decides question of law judge who decides question of fact jury who prosecutes the case on behalf of state solicitor who represents the defendant defense attorney who keeps record of everything said in a case clerk reporter made when defense asks the judge to dismiss the case as a matter of law motion for directed verdict words that are intended to inflict injury or immediate breach of peace fighting words made flag burning legal texas v. johnson the original and most basic form of patrol foot patrol primary duty of patrol division protection and service ABC's for communication over the radio accuracy, brevity, clarity individual in an unknown location whose safety may be threatened lost/missing person