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SFO test #1 Guaranteed Success A+ Types of Witnesses - Lay Witness: A non-expert individual who testifies based on what they have directly witnessed or heard. - Expert Witness: An individual recognized as an authority in a specific field, who provides testimony to clarify facts. Court Syste...

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  • September 9, 2024
  • 19
  • 2024/2025
  • Exam (elaborations)
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  • SFO #1 Guaranteed Success A+
  • SFO #1 Guaranteed Success A+
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SFO test #1 Guaranteed Success A+
Types of Witnesses


- Lay Witness: A non-expert individual who testifies based on what they have directly witnessed or

heard.


- Expert Witness: An individual recognized as an authority in a specific field, who provides testimony to

clarify facts.




Court Systems


- Justice of the Peace Court: Handles minor offenses such as Class B and C misdemeanors, infractions,

and traffic violations for youth ages 16-18. It addresses civil cases involving amounts under $5,000,

issues search and arrest warrants, and does not allow for appeals.


- Juvenile Court: Deals with individuals under 18 years old, except those charged with aggravated

murder.


- District Court: Has general jurisdiction over civil and criminal matters and requires valid grounds for

appeals.


- Utah Court of Appeals: Reviews decisions from district and juvenile courts, with no jurisdiction over

first-degree or capital felony appeals.


- Utah Supreme Court: Hears cases from the Court of Appeals, first-degree felonies, capital cases, and

plagiarism of statutes; also establishes rules of evidence and legal procedures.

,Trial Types


- Bench Trial: A trial that occurs solely before a judge, who decides guilt or innocence.


- Jury Trial: A trial in which a jury is responsible for determining guilt or innocence.


- Jury: Composed of 6 to 12 individuals, often laypeople or peers.




Court Procedures


- Initial Appearance: The defendant’s first court appearance, during which they are informed of the

charges and submit a plea.


- Bail Hearing: The judge assesses case facts and sets bail, including the option to deny bail.


- Preliminary Hearing: A court session where prosecutors and defense attorneys present evidence and

question witnesses to determine if there is enough evidence to proceed to trial.


- Trial: The primary court proceeding where evidence is presented and witnesses are confronted.


- Sentencing: The phase in which punishment is assigned, which can occur immediately after conviction.


- Appeals Process: Following a verdict by a judge or jury, the decision may be appealed to a higher court.




Criminal Classifications


- Capital Crime: Punishable by life imprisonment without the possibility of parole.


- Felony Classifications:


- First Degree: 5 years to life.

, - Second Degree: 1 to 15 years.


- Third Degree: Up to 5 years.


- Misdemeanor Classifications:


- Class A: Up to 365 days in jail.


- Class B: Up to 180 days in jail.


- Class C: Up to 90 days in jail.


- Infraction: Punishable solely by a fine.




Elements of Crime


- Corpus Delecti: Refers to the body of the crime; the essential elements that must be proven.


- Criminal Act: Known as Actus Reus.


- Criminal Intent: Known as Mens Rea.


- Concurrence: The requirement that intent and action occur simultaneously.




Legal Concepts and Terms


- Statute of Limitations: A time limit for filing suit; it begins when a crime is committed. For example,

rape has an 8-year limit, other felonies have 4 years, misdemeanors have 2 years, and infractions have 1

year.


- Double Jeopardy: Prohibits prosecuting an individual for the same crime in a single trial.

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