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36 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Advanced Communication Technology |
Any equipment that allows for two way communication via audio and visual between two parties in two different physical locations. |
ACT abbreviation |
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ACT site |
Approved location in PA approved by President Judge (PJ) with ACT equipment |
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AFFIANT |
any responsible person capable of taking an oath, swears to, affirms, or when permitted by these rules verifies a complaint and appreciates the nature and quality of that persons act |
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ARRAIGNMENT |
Pretrial proceedings in the court of common pleas. Pursuant to rule 571 |
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BAIL |
Security or other guarantee required to release a person, conditioned upon a written undertaking in the form of a bail bond, that the person will appear when required and meet all conditions req'd in the bail bond (BB) |
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BAIL AUTHORITY (BA) |
MDJ, magistrate or philadelphia arraignment court magistrate, or the judge with jurisdiction over a case who is authorized by law to set, modify, revoke or deny Bail. |
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Capital Case or Crime |
One for which the death penalty may be imposed. |
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Carrier Service |
FedEx UPS, or any local courier service including courthouse inteeoffice mail |
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Clerk of Courts |
Official in each judicial district who is responsible to maintain the official criminal case file and list of docket entries, and other duties as req'd by law |
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Collateral |
Cash or equivalent in deposited summary cases |
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Court |
Is a court of record |
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Court Adminstrator |
Officoal responsible for case management |
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Court Case |
Where one or more of the charges is a misdemeanor, felony or murder of 1st, 2nd, 3rd degree |
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Criminal Proceedings |
All actions for the enforcement of the penal law. |
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Indictment |
Holds the defendant for court after grand jury votes to indict and authorize the attorney for the Commonwealth to prepare an information. |
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Information |
Formal written statement charging the comission of an offense and presented to the court by the Commonwealth attorney. After defendant is held for court, indicted by a jury or waives the preliminary hearing (PH) |
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Action |
Any suit or proceeding in any court of this Commonwealth |
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"As provided by law " |
A reference to the laws in force at that particular when the statute containing g the phrase is applied PA cs. 1991 |
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Attorney at law |
Someone admitted to practice law by a court of record of this commonwealth. |
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Attorney in fact |
One who holds power of attorney |
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Attorney of record |
Attorney who is on the docket or record of court as appearing for representing a party in a legal proceeding |
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Colloquy |
A formal dscussion or conversation during a hearing bw IA and defendant. Read more definition on handout... |
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Crime |
An indictable offense , murder , felony, misdemeanor. |
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Domestic Animal |
Any equine animal, bovine animal, sheep chicken horse etc |
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Execution |
To kill To impose the death penalty In civil cases : court order to enforce a jugment. Or to sign |
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Nighttime / Daytime |
10-6 6am - 1pm For statutory purposes ugh time means sunset to sinrise. Day means midnight to midnight. |
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Oath |
Define |
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Person |
Define |
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Pro bono publico |
For the public good. Lawyers charging no fee to to clients |
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Pro se |
Individual who represents himself/hetself in court. |
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Rule 523. Release Criteria pg, 720 (Important) |
A) to determine whether to release a D and what conditions, if any, to impose, the bail authority shall consider all available information as that information is relevant to the defendants appearance or nonapppearance at subsequent proceedings., or compliance or non compliance with the conditions of the bail bond, including information about: Aside (always have D) sign colloquy with
1) the nature of the offense charged and any mitigating or aggravating factors that may bear upon the likely hood of conviction and possible penalty. 2) D's employment, history and financial condition. 3) nature of family relationship ships 4) length and nature of D's residence in the community and any past residences 5) D's age, character, reputation, mental health, and whether addicted to alcohol or drugs 6) if D previously is released on Bail , whether he/she appeared as req'd and complied with cond' of the bail bond. 7) whether D has any record of flight to avoid arrest or prosecution, or of escape or attempted escape. 8) prior criminal record 9) any use of false identification 10) any other factors relevant to whether the D will appear as req'd and and comply with the conditions of the bail bond. |
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Release Criteria (continued) |
B) The decision of D not to admit culpability or not to assist in an investigation shall not be reason to impose addt'l or more restrictive conditions of bail on the D. |
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Writ |
Formal written order. Warrants and subpoenas are writs. |
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Bail Before Verdict |
A) Bail shall be set in all cases except as permitted by law. Whenever refused, the Bail Authority shall state in writing the reasons for that determination. B) Defendant may be admitted to bail at any day or time |
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Bail after sentencing |
If sentence less than 2 year the D shall have the same right to bail as before the verdict. If more than 2 years than not the same rights to bail. |
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RULE 524. Types of release on bail |
A) if bail is set (pursuant to 520) , the defendant shall be eligible for the following types of release on Bail. After BA considers all the release rules in 523, BA will determine the type or combination of types of release necessary to ensure the D will appear at all subsequent proceedings and comply with the conditions of the bail bond. B) all types of release shall be conditioned upon D's written agreement to appear and comply with the conditions of the bail bond. C) -1- ROR - Release on Recognizance. No sureties, just written condition from d agreeing to appear and comply with bail bond. -2- Release on nonmonetary cond' $- travel restriction $$- reporting requirements $$$- other appropriate cond' -3- Release on Unsecured bail bond No money up front but if no show or compliance with BB, then D liable for a fixed amount of money. -4- release on nominal bail Nominal amount of cash req'd such as $1 when an organization or bail agency, or designated person acts as surety for D. -5- Release on monetary condition Not greater than necessary, and pursuant to 528 |
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