Be able to articulate the rules of law outlined in these cases




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CJ 211 Mid-Term Study Guide

Be able to articulate the rules of law outlined in these cases:

Brady v Maryland

Brady v U.S.

Brecht v Abrahamson

Burch v Louisiana

Bushell's Case

Chapman v California

Cherokee Nation v Georgia

Cooper v Aaron

Crosby v U.S.

Dartmouth College v Woodward

Duncan v Louisiana

Ex Parte Merryman

Gibbons v Ogden

Imbler v Pachtman

J.E.B. v Alabama

Johnson v Louisiana

Kalina v Fletcher

Koon v U.S.

Marbury v Madison

Martin v Hunter's Lessee

McCulloch v Maryland

Michigan v Harvey

North Carolina v Pearce

Patton v U.S.

Powers v Ohio

Singer v U.S.

Stack v Boyle

State ex rel Unnamed Petitioners v Connors

Stone v Powell

Taylor v Taintor

Teague v Lane

U.S. v Bagley

U.S. v Havens

U.S. v Nixon

U.S. v  Salerno

Weatherford v Bursey

Williams v Florida

Worcester v Georgia

Youngstown Sheet and Tube Co. v Sawyer

Zenger’s Case
 

Be able to identify these terms/concepts/ideas in detail:

allocution

amicus curiae

bail bond (different types and different time frames)

bill of particulars

bench trial (why judges don’t like them)

change of venue (trial venue/jury venue)

challenge the jurisdiction (list all four kinds)

clemency (differentiate between clemency and commutation; why granted)

commutation

concurrent jurisdiction

consolidation hearing

coram nobis

corner’s inquest (who present, what happens, standard of proof, possible outcome)

diversive jurisdiction

exclusive jurisdiction

ex post facto appeal

expert testimony

expungement (differentiate between expungement and pardons)

fundamentally fair

grand jury (as differentiated from a petite jury)

harmless error

hearsay evidence (4 specific tests)

impeachment

interlocutory appeal (who generally files, why, process dynamics, why so rare)

initial appearance (where held, who present, what happens, etc)

joinder

judicial notice

jury nullification

motion in limine (define, why granted)

motion to quash

nolo contendere

objections (list the 10 kinds as discussed in class)

omnibus hearing

order of preclusion (define, why granted)

overlapping jurisdiction

pardon (review the dynamics of receiving a pardon, list the 3 legal impacts of receiving a pardon, and the 7 reasons that pardons are granted)

plea in abatement (who, where, when, why)

plea of jeopardy

plea of standing mute (why is it used; what are the 4 challenges)

plea of statute of limitations

plea to the jurisdiction (what are the 3 challenges)

preliminary hearing (where held, who present, what happens, standard of proof, possible outcomes)

privileged communication (5 types; why court allows)

recuse

severance hearing



slow plea of guilty/summary judgment (where, who involved, desired outcome/purpose)

spontaneous declaration (3 specific tests)

stipulation

writ of demurrer


 

Be able to answer these essay questions:

l. Discuss hearsay evidence issues - what four specific tests must be met for any hearsay evidence to be admitted as evidence in court; what three tests must be met for a spontaneous declaration to be admitted as evidence in court; what test must a dying declaration meet to be admitted as evidence in court.

2. Determine the flow of events in the justice process - really have this one nailed down.

3. Differentiate between a bind over, a complaint, a true bill/indictment, and a writ of information.

4. Preliminary hearing issues and procedures - what transpires at a preliminary hearing, who can have them, who does what, how do they proceed, level of proof required, possible outcomes?

5. Review Jefferson's opinion of the Marbury case and his overall attitude toward judicial review.

6. Review the factors that we discussed in class that affect a prosecutor’s decision to re-file (5 factors) or not re-file (5 factors) a case after it has been remanded for re-trial subsequent to a successful appeal.

7. Review the standards whereby a successful civil suit might be brought against the police for false arrest/illegal arrest and/or against the prosecutor for malicious prosecution. Review two court cases that speak specifically to this issue.

8. List and discuss the reasons why prosecutors may decide not to prosecute a case (we will list 20 in class).

9. List and discuss the things that can be done to get a criminal case prosecuted if the county attorney won’t file.

10. In what ways do grand juries function as a crime control mechanism?

11. Explain the harmless error doctrine as outlined in Chapman v. California. In what way is it reflective of the crime control model? In what way is it reflective of the due process model?

12. What are the factors that would be considered in determining where a case would be prosecuted in the event that there is overlapping jurisdiction?

13. What is an interlocutory appeal and why are they used so rarely?

14. When can and when can't a sentence be increased after a re-conviction subsequent to a successful appeal? What court case speaks to this issue?

15. Explain the concept of discovery (formal and informal dimensions), and articulate the rules of law handed down in Weatherford v. Bursey, Brady v. Maryland and U.S. v. Bagley.

16. Explain the concept of the zone of indifference as it applied to the courts.

17. List five types of privileged communication relationships - why do the courts allow information shared in such relationships to remain secret and under what circumstances may each privileged communication relationship be breached.

18. Describe the voir dire process.

19. List and discuss four reasons that a judge might grant an order of preclusion.

20. List and discuss five reasons that a judge might ask an expert witness to step down and order that their testimony be excluded from the court record.

21. What are the five options that could result subsequent to a preliminary hearing in which probable cause was not found?

22. Discuss the historical development of the American court system starting with the medieval English model.

23. Explain the concept of the "King's Peace," and discuss how the development of that notion impacted upon the development of the contemporary judicial system.

24. Distinguish between a dismissal with and without prejudice.

25. What can trial judges do during the general adjudication process to correct what they see as miscarriages of

justice? Review options that they have in each of the four conceptual time frames as discussed in class.
26. Discuss the power relationship between the Supreme Court and the President. Should the Supreme Court be able to review Presidential actions? What is the Presidential argument? List at least two court cases/scenarios to support your position.
27. Differentiate between pardons and expungements.
28. What possible sanctions might an individual prosecutor face for failing to comply with the discovery requirements (ie., they withheld/concealed exculpatory evidence; evidence that is favorable, material and of substantial weight from the defense standpoint)?

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CJ 211 Final Exam Study Guide

The final exam will be comprehensive. Consequently you should take the time to review the study guide supplied for the mid-term. In addition, be familiar with the material that follows. 



Be able to articulate the rules of law outlined in these cases:

Chandler v Florida

Chisholm v Georgia

Estes v Texas

Farretta v California

McMann v Richardson

Pulliam v Allen

 
 



Be able to identify these terms/concepts/ideas:

concurring opinion

dissenting opinion

dicta


en banc

in camera

in forma pauperis

injunction/mandamus

khadi justice

legal efficacy

legislative default

log rolling

Lord Chancellor

majority opinion

olive leaf

ordinary error

per curiam decision

pro bono

pro se

seriatim



sociological jurisprudence

special masters

undue hardship

writ of certiorari


 
 

Be able to answer these essay questions:

1. Discuss the evolution of the presence of cameras in the court room. Discuss the two leading cases. What is the current law?

2. Discuss the pros and cons of allowing television cameras into the courtroom.

3. In what ways is the legislature considered to be a part of the judicial system?

4. In what ways are the police part of the judicial system?

5. In what ways are correctional officials part of the judicial system?

6. What does the Williams study say regarding attorney negotiation skills?

7. Discuss Blumberg's arguments regarding the practice of law.

8. Explain the different ways judges are selected.

9. Discuss the different ways to remove a judge from office.

10. Discuss the pros and cons of the rent-a-judge concept.

11. List and discuss several reforms that might be used to deal with jury problems.

12. What are the responsibilities of the minor trial courts.

13. What are the responsibilities of the major trial courts.

15. List and discuss a number of factors that influence prosecutors in their charging and bargaining decisions.

16. List and discuss a number of reforms that address the problem of court delay.

17. List and discuss a number of factors that seem to influence Supreme Court decision making.

18. List and discuss a number of reforms that deal specifically with issues of sentencing problems.

19. List and discuss a number of powers and offices held by the Chief Justice of the United States.

20. List a number of reasons why we are experiencing an increase in the number of cases appealed of late.



21. Discuss the history and development, and the current state of affairs with respect to the 3 “world courts.”

22. Review the principles outlined by Murton in his model of successful reform.


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