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VA LETC WEEK: 2 constitutional law. 2025 EXAM
QUESTIONS |FREQUENTLY TESTED QUESTIONS
||VERIFIED SOLUTIONS (100% CORRECT)
Probable Cause Hearing (Gerstein) - (ANSWER)Safeguard against unreasonable
arrest & detention,Judicial determination of probable cause for arrest. May Be
conducted in Defendant's absence
arraignment - (ANSWER)6th Amendment's provision that a Defendant has "The
Right to be informed of the nature & cause of the accusation" in all criminal
proceedings.
Preponderance of evidence - (ANSWER)51%-49% (Burden of proof) Civil
US supreme court - (ANSWER)9 justices, appointed for life
interpert laws
US circuit court of appeals - (ANSWER)Judges in panels of 3
11 federal appeallate circuits DC circuit court of appeals, federal court of appeals
US district court - (ANSWER)Trial level federal court
trail court that deals with original cases
94 courts
violation of criminal or civil law
, 2
US magistrate court - (ANSWER)judges appointed 8 years by district court judge
conduct bail hearings and sentence petty offenses
Criminal cases - (ANSWER)cases involving acts or omissions against the people of
the US, forbidden by federal law, and punishable upon conviction as the federal
law may prescribe
Grand Jury Proceedings - (ANSWER)"infamous crimes" (felonies)
12 or more jurors
Probable cause = TRUE BILL; no probable cause= NO TRUE BILL
right to jury for all felony crimes
Jury finder of fact
Indictment - (ANSWER)formal charge by GRAND JURY to determine probable
cause
Must take place under 6th amendment, speedy trail act, 18 USC 3161, must take
place within 30 days of arrest
Information - (ANSWER)formal charge by US ATTORNEY determines probable
cause
Petit jury - (ANSWER)fact finding body at trial
may find defendant guilty of a "lesser included offense" but never more serious
than one charged.
, 3
Decision to convict must be unanimous
Bail determination - (ANSWER)Flight risk or danger to society
entitled to ROR
Release under certain conditions
May deny release
Discovery - (ANSWER)Rule 16 of the Federal Rules of Criminal Procedure govern
what the defense and prosecution in a criminal case may see each other's cases
before trial.
"Brady" Material (Brady V Maryland) - (ANSWER)Material Evidence that is
favorable; to the Defendant; material to guilt or punishment. Prosecution must
disclose Brady Material.
Territorial Jurisdiction - (ANSWER)The actual geographic area over which the
court has authority
Federal Jurisdiction - (ANSWER)Lands that are occupied for federal use &
governed exclusively by federal law or concurrently
Subject Matter Jurisdiction - (ANSWER)Legal issues that a particular court can
hear.
VA LETC WEEK: 2 constitutional law. 2025 EXAM
QUESTIONS |FREQUENTLY TESTED QUESTIONS
||VERIFIED SOLUTIONS (100% CORRECT)
Probable Cause Hearing (Gerstein) - (ANSWER)Safeguard against unreasonable
arrest & detention,Judicial determination of probable cause for arrest. May Be
conducted in Defendant's absence
arraignment - (ANSWER)6th Amendment's provision that a Defendant has "The
Right to be informed of the nature & cause of the accusation" in all criminal
proceedings.
Preponderance of evidence - (ANSWER)51%-49% (Burden of proof) Civil
US supreme court - (ANSWER)9 justices, appointed for life
interpert laws
US circuit court of appeals - (ANSWER)Judges in panels of 3
11 federal appeallate circuits DC circuit court of appeals, federal court of appeals
US district court - (ANSWER)Trial level federal court
trail court that deals with original cases
94 courts
violation of criminal or civil law
, 2
US magistrate court - (ANSWER)judges appointed 8 years by district court judge
conduct bail hearings and sentence petty offenses
Criminal cases - (ANSWER)cases involving acts or omissions against the people of
the US, forbidden by federal law, and punishable upon conviction as the federal
law may prescribe
Grand Jury Proceedings - (ANSWER)"infamous crimes" (felonies)
12 or more jurors
Probable cause = TRUE BILL; no probable cause= NO TRUE BILL
right to jury for all felony crimes
Jury finder of fact
Indictment - (ANSWER)formal charge by GRAND JURY to determine probable
cause
Must take place under 6th amendment, speedy trail act, 18 USC 3161, must take
place within 30 days of arrest
Information - (ANSWER)formal charge by US ATTORNEY determines probable
cause
Petit jury - (ANSWER)fact finding body at trial
may find defendant guilty of a "lesser included offense" but never more serious
than one charged.
, 3
Decision to convict must be unanimous
Bail determination - (ANSWER)Flight risk or danger to society
entitled to ROR
Release under certain conditions
May deny release
Discovery - (ANSWER)Rule 16 of the Federal Rules of Criminal Procedure govern
what the defense and prosecution in a criminal case may see each other's cases
before trial.
"Brady" Material (Brady V Maryland) - (ANSWER)Material Evidence that is
favorable; to the Defendant; material to guilt or punishment. Prosecution must
disclose Brady Material.
Territorial Jurisdiction - (ANSWER)The actual geographic area over which the
court has authority
Federal Jurisdiction - (ANSWER)Lands that are occupied for federal use &
governed exclusively by federal law or concurrently
Subject Matter Jurisdiction - (ANSWER)Legal issues that a particular court can
hear.
