More generally, it refers to the ability to act in the circumstances, including the ability to perform a job or occupation, or to reason or make decisions. In both criminal and civil procedure, a court of competent jurisdiction is a court with the power to adjudicate the case before it.
When a right is granted in a case by the Supreme Court it is usually referred to as a(n): landmark decision.
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
14 Cards in this SetThe U.S. Supreme Court is the only court established by constitutional mandateTrueAll evidence points to the conclusion that prosecutorial discretion is used toScreen out the weakest casesWhich of the following is the most common reason for prosecutors to reject casesEvidence problems11 more rows
What is the Supreme Court doing when it issues a writ of certiorari? It is agreeing to hear the appeal of a lower court ruling. A per curiam opinion is? An opinion by a judge or justice who disagrees with the majority opinion.
The U.S. Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case.Jul 15, 2021
In Strunk v. United States , the U.S. Supreme Court rules that if the Sixth Amendment's speedy trial right is violated, then the Court must dismiss the indictment against the defendant or reverse the conviction.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
The Sixth Amendment right to counsel is offense-specific. Thus, generally, if a person has been indicted for one offense and is represented by counsel, the police may not question the defendant about that offense, but may initiate questioning of the defendant with regard to another, uncharged offense.
Common Grounds to File a Motion to Dismiss Your Criminal CaseNo probable cause. ... Illegal search. ... Lack of evidence. ... Lost evidence. ... Missing witnesses. ... Failing to state Miranda Rights.
The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.
No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.
Correct Answer : D 56 : A.J. is an African American man who is walking his dog in a city that has an ordinance to make sure people clean up after their dogs. Of course, A.J. has never seen this ordinance enforced, so he doesnt pick up his dogs waste because he forgot a bag that night.
Of course, A.J. has never seen this ordinance enforced, so he doesnt pick up his dogs waste because he forgot a bag that night . A rookie patrolman observes his failure to clean up after his dog. A.J. walks around the corner to find a whole wall of freshly painted graffiti and spray paint cans on the ground.