Exam Questions and CORECT Answers
Probable Cause Hearing (Gerstein) - CORRECT ANSWER - Safeguard against
unreasonable arrest & detention,Judicial determination of probable cause for arrest. May Be
conducted in Defendant's absence
arraignment - CORRECT 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 - CORRECT ANSWER - 51%-49% (Burden of proof) Civil
US supreme court - CORRECT ANSWER - 9 justices, appointed for life
interpert laws
US circuit court of appeals - CORRECT ANSWER - Judges in panels of 3
11 federal appeallate circuits DC circuit court of appeals, federal court of appeals
US district court - CORRECT ANSWER - Trial level federal court
trail court that deals with original cases
94 courts
violation of criminal or civil law
US magistrate court - CORRECT ANSWER - judges appointed 8 years by district court
judge
conduct bail hearings and sentence petty offenses
, Criminal cases - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT ANSWER - formal charge by US ATTORNEY determines
probable cause
Petit jury - CORRECT ANSWER - fact finding body at trial
may find defendant guilty of a "lesser included offense" but never more serious than one
charged.
Decision to convict must be unanimous
Bail determination - CORRECT ANSWER - Flight risk or danger to society
entitled to ROR
Release under certain conditions
May deny release