Year of Constitution
Very first constitution 1778
September 1787, United States constitution was created
Bill of rights
Created in 1789, consisted of the first 10
Ex post factos
laws passed after the fact
Constitutional law
State and federal
Statuary law
Abide by the state law which you live in
Common law
Created by the judges
Administrative law
Rules that were created by government agencies
Jurisdiction
The authority to try a case on legal matters
Geographical jurisdiction
location of where crime is committed (State)
Venue: county itself
Limited jurisdiction
Misdemeanors , small claims
General jurisdiction
court can hear any case
Appellate courts
can appeal if amendments were violated
Bail
Promise that you're going to return back to court after being
released (8th amendment)
Real Evidence
Physical evidence ; evidence you can physically touch and see
Testimonial Evidence
Someone testifying in court
Demonstrative Evidence
Visual evidence or auditory evidence
Judicial Evidence
Evidence thats common sense
Beyond a reasonable doubt
Criminal Law
Preponderance of the evidence
Civil Law
Article of Confederation
Created to bind all 13 colonies, very first constitution 1778
Bill of Attainer
No punishment without a trial
1st amendment does not protect
Obscenity ( sexual explicit expression )
Police officers do not officially charge someone
True
Treason
Only crime defined by the constitution
Exclusionary rule
illegally obtained evidence must be thrown out
Motion to supress
preventing some evidence to go into court
Search
Looking for something incriminating
Seizure
Looking and taking something incriminating
Probable cause
Common sense that something is or had gone wrong
Who may issue search warrant
Judge
Judicial Officer
Magistrate
Search warrant
An order in writing
Affidavit
Document sworn by oath
Knock and announce
Required you have 10-20 seconds before an officer can forecefully
enter your home
Franks hearing
Tells you whether or not a warrant id valid
Burden of proof
Falls on the defense attorney
Anticicipatory warrant
asking to search something before the evidence gets there
sneak and peek
allow officers to sneak in a house to take pictures and leave