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91 Cards in this Set
- Front
- Back
Jurisprudence
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the study of law and legal philosophy
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Where are laws created?
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legislatures (federal, state, and local), agencies, courts
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Rule of law
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all members of society are required to support the legal system, no one is above the law.
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criminal law
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regulates public conduct in society.
-govt v. individual charged w/ commiting crime (ex state vs. Koby Briant) -divided into felonies and midemeanors |
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felony
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prison term more than 1 year (murder/robbery)
-more serious |
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misdemeanors
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prison term less than 1 year (assault or minor theft)
less serious |
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Civil law
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regulates relations b/w individuals or gropus of individuals
1. civil action (lawsuit) - can be brought against any person who feels wronged or injured by another 2. covers everyday situations |
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civil action
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lawsuit
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1st amendment
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freedom of speech, press, assembly, religion, petition (spark)
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2nd amendment
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right to keep adn bear arms in state militias
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fourth amendment
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right to be secure in person houses, papers and effects against unreasonable search and seizures, warrant are issued upon probable cause.
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5th amendment
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protection of the criminally accused (due process) right to a grand jury, right not to bear witness against one's self, no double jeopardy
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6th amendment
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rights of the criminally accused, speedy trial, impartial jury, in formed of crime charged at arraignment, assistance of counsel (attorney)
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7th amendment
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right to a jury trial
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8th amendment
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no accessive fines or cruel and unusual punishment. citizens have other rights not mentioned.
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14th amendment
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no state shall deprive a citizen of life, liberty or property without due process of law can not deny any person the equal protection of the law.
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exclusionary rule
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evidence seized in an unlawful serach cannot be used in trial
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motion to suppress
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a pretrial motion by defense to exclude evidence on grouns of unreasonable search & seizuers
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search warrant
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a court oder which gives the police authority to search (specific)
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affidavit
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a sworn statement by police giving probably cause for search
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probably cause
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a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a crime had been committed.
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Kats v. us
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search warrant necessary for phone taps
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situations when search warrant not required (9)
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1. incident to lawful arrest (MOST COMMON)
2. stop & frisk - 3. consent 4. plainview 5. hot pursuit 6. vehicle searches (probable cause of illegal contraband) 7. border and airport searches 8. inventory searches (processing at corrections facilities - ptorect guards from accusations of theft) 9. exigent circumstances - no time for warrant "imminent distructions of evidence" |
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Terry V Ohio
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police can "stop and frisk" w/ out warrant if safety reason to believe person carrying weapon
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U.s. V santana
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exigent circumstances - no warrnt needed - no time for warrant - "imminent distruction of evidence (drugs)
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preponderance of evidence
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- in a civil case
- teh standard of proof used -evidence is more believable and important -level of guilt needed against someone in a civil case - 51% sure |
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reasonalbe suspicion
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-lower level of suspicion needed to conduct "stop & frisk"
- school searches based on "reason to believe" |
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crime
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an act or failure to act that violates a law for which a penalty (fine, prison or both) is set by teh state
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Miranda V arizona
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the court found that a person must be informed of his/her rights prior to questioning
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duress
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commit a crime under the fear of death/serious injury (does not apply to physical injury you do to another person)
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necessity
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life/death situation
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entrapment
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commit or admit to doing a crime under persuasion or coersement of a policeman.
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Mapp V ohio
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the court held that the 4th and 14th amendments protected persons from unwarranted federal and state intrustion of their property (obscene materials could not be used against her when found)
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forensic science
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the study and the practice of the application of science to the purpose of law
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trace evidence
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minute physical evidence that may be transferred from a criminal to a victim or crime scene (or vice versa)
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stereoscopic microscope
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forensice microscope w/ 3D image
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DNA
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most commonly used forensics (*known as serology)
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1 drink
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one 12 oz beer
one shot of 80 proof liquor one 4-5 oz glass of wine |
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bac
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blood alcohol concentration
-tests thru breath, urine, blood |
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implied consent law
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states that in exchange for the privelage of driving, the driver agrees to submit to BAC test
-revocation of license 6 months if refuse chemical test |
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standardized field sobriety tests
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-scientifically validated methos by which police officer can asses intoxication
*voluntary |
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zero tolerance
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underange drinking & driving
-nys law says that if u r under 21 and are caught drinking & driving w/ a bAC of just .02 (1 drink) 1st offense - fine & 6 month suspension 2nd offence lose license until age 21 |
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arraignment
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1.appearnce of accused b4 a judge at which time charges are read
2. plea is entered by defendent (guilty, not guilty, nolo contendre) 3. judge may set bail |
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appeals court
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a court in which appeals from trial court decisions are heard
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attorney client privilege
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whatever you tell your attorney about your case is secret and confidential
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bar associations
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an organization of lawyers
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retainer
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a down payment by which a client hires an attorney to act in his or her behalf
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contingency fee
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the fee paid to an attorney based on a percentage of the sum awarded in a lawsuit
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plaintiff
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in a civil case, the injured party who brigns an action against the alleged wrong doer
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defendant
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the person against whom a claim is made. in a civil suit the defendant is the person being sued, in a criminal case the defendant is the person being charged w/ committing a crime.
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common law
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a system in which court decisions establish legal principles and rules of law
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voir dire
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questioning of prospective jurors
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challenge for cause
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based on bias or prejudice in which the juror woudl be unable to reach a fiar verdict (unlimited)
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peremptory challenge
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rejection by either attorney without having to give a reason, number is fixed at the start of questioning by judge (race, gender, age)
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district attorney
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prosecuting attorney - in theory to seek justice, in practice - obtaining a conviction
elected every 4 years |
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defense attorney
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function of defense attorney is to represent the accused withing legal boundaries of the law, can be hired privately or state apointed.
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judge
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sole authority of law in the courtroom, must always be impartial, makes sure proper decorum is observed
pass sentence on the accused after the jury renders its verdict |
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bailiff
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handles various clerical duties - recording and numbering evidence, handling of bail and bonds, swearing in witnesses, escorting jury to and from deliberations
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court stenographer
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records eery word that is said at teh trial
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white collar crime
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violations of the criminal law commited by a person of respectability and high scoail status
ex. insider trading |
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blue collar crime
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violations of teh criminal law commited by a person of working class
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assault
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an attack on another w/ intent to frighten and inflict possible injury (simple - little or no physical harm/ aggravated - seroius injury on victim and or the use of a deadly weapon)
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battery
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attempting or thretening to carry out a physical attack on a person
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sodomy
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when sexual intercourse is performed in a deviate manner
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robbery
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is forcible stealing of property while in teh victims presence
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larcenty
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taking or carryign away of personal property belongin to another w/ the intent of depriving the owner of that property
petit (1000 or less - misdemeanor) grande (1000+ - felony) |
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fraud
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acquiring property thru deception (ex telephone scams)
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burglary
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breaking and entering a dwelling of antoher, w/ the intent to commit a larceny/felony inside.
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arson
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intentional burnign of a structure to cause loss and damages
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vandalism
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willfull destruction of, or damage to, the property of another
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embezzlement
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unlawful taking of property by someone to whome it was entrusted (skimming off the top_
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forgery
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unlawful duplications of documents
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rape (statutory, 1 , 2 3,)
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sexual intercourse w/ an underage person whether or not there is consent (under 17 years old)
Rape in 3rd - male over 21 w/ femalge under 17 rape in 2nd - male over 18 w/ female under 14 rape in 1st - infers use of force or female under 11 |
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irrelevant
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the witness's answer, the attorney's orgiinal question, or teh exhibit will not help the trier of fact to decide the issues in the case
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leading
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yes or no ? in direct exam
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hearsay
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a statement made outside of teh courtroom..usually when witness is asked to tell what antoher person said to him or her.
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speculation
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counsel is asking the witness to speculate in order to asnwer question. witness is gusesing at answer
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argumentative
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badgering or arguin w/ witness
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fighting words
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not protected nder 1st amendment, ex N word
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reasonable doubt
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needed in crim case..95% cetain
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malice
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complete disregard for someones safety
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indictment
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a grand jurys formal charge or accusation of a criminal action
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self defense
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the right to defend oneself w/ whtever force is reasonably necessary against an actual or reasonably perceived threat of personal harm
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self incrimination
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giving evidence adn answering qusetions that woudl tent to subject one to criminal prosecution
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liability
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lega responsibility, the obligation to do or not do smoethign. the defendant in a torts case incurs liability for failing to use reasonable care, resulting in harm to the plaintiff.
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negligence
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the failuer to exercise a reasonable amount of care ni either doign or not doing something, resulting in harm or injury
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nolo contendre
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"no contest" a defendant's plea to criminal charges that does not admit guilt, but also does not contest the charges. It is equavalent to a guilty plea, but it cannot be used as evidence in a later civil trial for damages based on the same facts.
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intent
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determination to achieve a particular end by a particular means.
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preliminary hearing
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pertrial proceeding at which teh prosecutor must prove that a crime was commited and establish teh probable guilt of teh defendant. if the evidence presented does not show probable guilt, the judge may dismiss the case.
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pretrial motion
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a document by which a party asks the udge to make a decision b4 the trial begins.
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uttering
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offering to someone as genuine a document known to be a fake.
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