When do circumstances of that magnitude also arise when attorneys represent different interests?
Sep 02, 2021 · Which of the following refers to a situation where an attorney is employed on a full-time, salaried basis by the government to represent indigents? A) public defender. B) assigned counsel. C) contract counsel. D) legal aid attorney. E) appellate defender.
What does a prosecutor do in a criminal case?
Feb 15, 2021 · View CJ 230 6-3 Quiz Module Six.docx from CJ 230 at Southern New Hampshire University. Written: Feb 14, 2021 12:57 PM - Feb 14, 2021 1:35 PM Submission View Your quiz has been submitted
What does power of attorney mean in law?
pro se - A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. public defenders - Represent defendants who can't afford an attorney in criminal matters.
What is an example of case law in criminal law?
Which of the following refers to a situation where an attorney is employed on a full time salary basis by the government to represent indigents?
In the United States, a public defender is an attorney-at-law appointed by the courts and provided by the state or federal governments to represent and advise those who cannot afford to hire a private attorney. Public defenders are full-time attorneys employed by the state or federal governments.
Which of the following is where an attorney is employed on a full time salaried basis by the government to represent indigents quizlet?
public defender- attorney employed on a full time, salaried basis by the government to represent indigents. 3 main ways of providing counsel for indigent clients. 3. public defender-public or private law firms with full or part time staff.
What is nolle prosequi quizlet?
nolle prosequi. a decision by a prosecutor not to press charges; also known as nol. pros. diversion programs. alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication; they attempt to achieve a noncriminal disposition of the case.
Which type of jurisdiction is held by a court that reviews the proceedings of a lower court?
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts.
Which of the following refers to a situation where an attorney is employed on a full time salaried basis by the government to represent poor persons?
Assigned counsel are attorneys employed full-time by the government to provide defense services to those offenders who cannot afford their own attorneys. Prosecutors have great influence at virtually every stage of the criminal justice process.
Which of the following created the office of the US attorney general?
Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General.
What is trial sufficiency?
In the trial sufficiency model, prosecutors file charges only in cases in which there is enough evidence to ensure conviction and make only minimal use of plea bargaining. Prosecutors adhering to this model require good police work and competent trial lawyers in the prosecutor's office.
In which scenario would a prosecutor apply the concept of nolle prosequi quizlet?
In which scenario would a prosecutor apply the concept of nolle prosequi? A criminal case against a defendant lacks the necessary evidence to prove guilt. A defense attorney has been told by the client who is charged with robbery, of a desire someday to rob a bank. What should the attorney do?
What is the constitutional mission of a prosecutor?
The primary responsibility of a prosecutor is to seek justice, which can only be achieved by the representation and presentation of the truth.
Which type of jurisdiction is held by a court?
For example, in California, a superior court is considered a court of general jurisdiction; however, certain superior courts are designated to hear only juvenile matters, thereby becoming a court of limited jurisdiction when sitting as a juvenile court.
Which type of jurisdiction is held by a court that reviews the proceedings of a lower court quizlet?
Original jurisdiction refers to a court where a case is first heard; appellate jurisdiction refers to a case being heard after it was tried in a lower court.
What is jurisdiction example?
Jurisdiction is defined as the power or authority to decide legal cases. An example of jurisdiction is a court having control over legal decisions made about a certain group of towns.
What is the appellant in a lawsuit?
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
What is the power of an appellate court?
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
How many judges are in a court of appeals?
Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court.
How many people are on a federal criminal jury?
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
What is an affidavit in court?
affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.
What is bail in criminal law?
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
What is bench trial?
bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that ...
What is conflict of interest disclosure?
In a conflict of interest disclosure statement, the individual can detail the situation that has arisen and why he believes it may be an issue. The judge can then decide whether the lawyer should stay on as his client’s attorney, or if he should be relieved from the case, and his client ordered to hire someone new.
What does "recuse" mean in court?
Recuse – The act of a judge’s excusing himself from a case on the belief that there either exists a possible conflict of interest or an inability to remain impartial.
What is conflict of interest?
Conflict of Interest. The term “conflict of interest” in the legal world refers to a situation wherein an individual is in a position to exploit his professional capacity for his own benefit. For example, a conflict of interest would arise if one law firm tried to represent both parties in a divorce case. This problem is typically found in the ...
Who was the man who killed Timothy Hall?
Here, Walter Mickens, Jr. was convicted of the murder of Timothy Hall and was sentenced to the death penalty. Mickens filed a petition in response, claiming that one of his attorneys had a conflict of interest during the trial and, as a result, he was not provided with effective legal assistance in accordance with the Sixth Amendment.
Definition of Conflict of Interest
- Noun 1. A situation that arises wherein a professional, be it an attorney or a judge, is put in a position where he can leverage his professional capacity to his own benefit. Origin 1545-1555
Attorney Conflict of Interest
- An attorney conflict of interest arises when an attorney takes on a new client who has interests that are adverse to the interests of someone the attorney is currently representing or has represented in the past. For example, a conflict of interest in this regard would come up if an attorney tried to represent both the husband and wife in a divorce case. Each party wants the ex…
Conflict of Interest Disclosure
- If a lawyer realizes he may be embroiled in a potential conflict of interest, then he has a duty to disclose it for review. In many cases, he may be able to submit a conflict of interest disclosure statement. In a conflict of interest disclosure statement, the individual can detail the situation that has arisen and why he believes it may be an issue. The judge can then decide whether the lawye…
Conflict of Interest Policy
- Some companies create what are called “conflict of interest policies.” A conflict of interest policy explains the types of situations wherein an employee’s personal interests may conflict with the interests of the company he works for. Typically, a conflict of interest policy focuses on the opportunities that an employee may be able to use to his advantage to the detriment of the com…
Conflict of Interest Waiver
- A conflict of interest waiver differs based on the situation it pertains to. A conflict of interest waiver is drafted up by a professional, in this case the attorney, after the attorney has explained the kind of situation that may present a conflict of interest to his client. If his client chooses to “waive” the potential conflict of interest and have the attorney represent him anyway, then the att…
Conflict of Interest Example Involving A Murder Conviction
- An example of a conflict of interest being brought before the Court can be found in the matter of Mickens v. Taylor, Warden, which was decided in 2002 by the U.S Supreme Court. Here, Walter Mickens, Jr. was convicted of the murder of Timothy Hall and was sentenced to the death penalty. Mickens filed a petition in response, claiming that one of his attorneys had a conflict of interest …
Related Legal Terms and Issues
- Recuse– The act of a judge’s excusing himself from a case on the belief that there either exists a possible conflict of interest or an inability to remain impartial.
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