Boys State Bar Exam Practice- CA/2018 Questions and Answers
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Boys State Bar Exam Practice- CA/2018 Questions and Answers
Who can file and prosecute criminal charges against persons believed to have committed a crime?
County District Attorney or State Attorney General
Defendant (in criminal case)
A person charged with a criminal offense
In whose name a...
Boys State Bar Exam Practice- CA/2018 Questions and
Answers
Who can file and prosecute criminal charges against persons believed to have
committed a crime?
County District Attorney or State Attorney General
Defendant (in criminal case)
A person charged with a criminal offense
In whose name are cases filed against a person charged with a criminal offense?
Cases are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA against the
person charged with a crime
What are the US and CA Constitutional guarantees to one charged with a crime?
The right :
1. To a speedy and public trial by court or jury
2. To appear in person and with counsel (an attorney)
3. To produce witnesses on his or her behalf and to be confronted with the witnesses
against him or her in the presence of the Court and jury and cross-examine those
witnesses
4. not to testify (known as "right against self-incrimination")
Felony?
A felony is a crime punishable by incarceration in the State prison for one year or
longer, and is prosecuted in the Supreme Court by way of a Grand Jury, or by an
"information" filed by the District Attorney
(examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape,
and sale of narcotics)
Misdemeanor
All other crimes that aren't felonies or infractions. They are punishable by fine and/or
imprisonment in the County Jail (not State Prison) for a period of less than one year.
(examples: simple assault, battery, petty theft, possession of small amounts of
narcotics, disturbing the peace and violations of some City or County ordinances.
Infraction
1. Minor violations of City or County ordinances (a citation - "a ticket" is usually given
and the punishment is usually a fine or assignment to public service or both)
2. Not punishable by imprisonment
Habeas Corpus
principle that a person cannot be held in prison without first being charged with a
specific crime
Writ of Habeas Corpus
A court order requiring jailers to explain to a judge why they are holding a prisoner in
custody.
Writ
A court order
Return (having to do with a Writ)
, the official upon who the writ is served must make a return stating the reason the
person has been imprisoned (?? page 2, number 3)
proceeding on hearing
After a Writ of habeas corpus is filed and a return is made, the court then proceeds to
hear such proof in favor or against detention. If no legal cause is shown, the court may
excuse the accused from custody ( or the court must remand the individual to the
custody of the offical).
What courts can issue a Writ?
In California, the Superior Courts, District Courts of Appeal and the Supreme Court may
issue writs.
Bail
A defendant may be allowed bail after a criminal charge has been filed against him/her,
as a matter of right, UNLESS the charge is punishable by death and the presumption of
guilt is evident. However, the court has the discretion to set bail.
Admission to Bail
the order that the defendant be out of custody and given bail
Deposit in lieu of bail
The defendant may have to deposit money in order to get bail
own recognizance (related to bail)
When a person is granted bail and does not have to deposit money; they just make a
promise to appear at the court hearings.
burden of proof
In all criminal trials, a defendant is presumed innocent unless and until the prosecutor
proves guilt BEYOND A REASONABLE DOUBT (to the Judge in a Court Trial or the
Jury in a Jury Trial)
Acquitted (or acquittal)
found NOT GUILTY (by Judge or Jury)
Beyond a reasonable doubt (in a criminal trial)
If after hearing all of the evidence, there is a reasonable doubt whether the defendant
committed a crime, the defendant must be acquitted (NOT GUILTY).
If there is no reasonable doubt, the prosecutor has met his/her burden of proof and the
verdict must be that the defendant is GUILTY.
plaintiff
the person suing someone else
civil case
when one citizen sues another citizen
Preponderance of the evidence
in civil cases, the plaintiff (person suing) has the burden of proving his/her right to
recover from the defendant (person being sued) by a "preponderance of evidence" (this
means the evidence is a more convincing than the opposing side)
Defendant (in a civil case)
Person being sued
Unanimous Jury Required
Before a guilty verdict can be returned in a criminal trial, all 12 jurors must agree. If they
don't agree, the jury is deadlocked (or "hung") and a mistrial is declared.
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