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AAERT CER EXAM NEWEST
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AAERT CER EXAM NEWEST
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AAERT CER EXAM NEWEST ACTUAL EXAMProceedings in a criminal case - ANSWER: 1. John is arrested and taken into custody
2. The county's grand jury looks at the evidence and determines if there's enough
evidence to warrant a trial and return a "bill of indictment"
3. Each charge is recited in a "count"
4. John is "arraigned" to enter his plea with the court (guilty or not guilty)
Jury Selection - ANSWER: Random people are ordered to "voire dire" examination
which determined their suitability for the case.
Opposing side my challenge their abilities to serve on a trial. (Preemptory/for-cause)
Inferences are - ANSWER: Complaints Jurors make about a defendant not taking the
stand at trial and speak to them
Who explains the Jury's responsibilities? - ANSWER: The judge tells them about the
burden of proof, facts beyond a reasonable doubt, and weight of evidence when
deciding a case
mitigating circumstances - ANSWER: Any circumstances accompanying the
commission of a crime that may justify a lighter sentence.
(lowered departure)
aggrivating circumstances - ANSWER: factors that tend to make the crime worse,
such as a gruesome murder or previous convictions
(upward departure)
action - ANSWER: A lawsuit brought to court
Adverse witness - ANSWER: A person who is contrary or hostile giving testimony
under oath in a court
Affadavit - ANSWER: *Sworn statement of facts in an incident made under oath
*Signed document (K.B)
answer - ANSWER: response by defendant denying plaintiff's complaint
Arraignment - ANSWER: A hearing in which a suspect is charged and pleads guilty or
not guilty
Bail - Own Recognizance - ANSWER: Money deposited to the court as collateral to
get someone to appear back in court
, Bench conference - ANSWER: A discussion between the judge and attorneys, usually
conducted at the judge's bench so the jury cannot hear what is said. (MAY OR MAY
NOT BE ON THE RECORD)
beyond a reasonble doubt - ANSWER: standard conviction for a criminal trial
preponderance of the evidence - ANSWER: The standard of proof in a civil case
briefs - ANSWER: written documents in which attorneys explain, using case
precedents, why the court should find in favor of their client
burden of proof - ANSWER: the obligation to present evidence to support one's claim
case in chief - ANSWER: the case presented by each party in a trial
writ of certiorari (banana peel) - ANSWER: Order by the Supreme Court directing a
lower court to send up the records of a case for review, IF a hearing is granted.
challenge - ANSWER: *Objection to having someone serve as a juror
*(Preemptory/For-Cause)
Chattel - ANSWER: personal property
class action suit - ANSWER: A case brought by someone to help him or her and all
others who are similarly situated
Cloud on Title - ANSWER: Any document, claim, or unreleased lien that prevents
someone from using specific property
Code of Federal Regulations (CFR) - ANSWER: The codified regulations of the Federal
government based on the final agency regulations published in the Federal Register
Have the force of actual law
Collateral Estoppel - ANSWER: Bars the re-litigation of issues that have been
previously tried between the same parties
Estoppel - ANSWER: A person is barred from asserting or denying a fact because of
the person's previous actions, words, or convictions.
*EX: a person who was previously convicted of murder cannot deny this fact in a civil
or unrelated legal matter
complaint - ANSWER: A formal notice that a lawsuit is being brought
concurrent sentence - ANSWER: One or two sentences served at the same time
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