英语期末考试整理.docx

1、英语期末考试整理1.管辖归州管辖This case is about criminal matter(contract matter/torts/family law issues/ education issues), and this matter belong to the sovereignty of the state court system. Certain powers reserve to the state, certain power reserve to the federal. State matters include criminal, torts, contra

2、ct, family law issues, education issues. These matters all belong to the sovereignty of states.The states courts hear the over whelming majority of criminal and civil cases. State trial courts initially hear civil and criminal cases. (州法院管辖大部分)Along with certain federal crimes (such as terrorism or

3、drug trafficking across state lines), federal courts hear non-criminal or civil cases only if they are premised on a question about the meaning of a federal statute or application of the constitution; if the parties are citizens from different state, or if one is a citizen of a foreign country, and

4、more than $7500 is at stake; or if the federal government itself is a party to a suit. In accordance with the provisions of the constitution, the federal courts have jurisdiction only when they are conferred on by law.（法律有规定的才归联邦法院管辖）The trial courts are the entry level courts where cases are first

5、filed. The appellate courts are the second level of courts. A party who loses at the trial court level may appeal the judgment to the appellate court. The Supreme Courts jurisdiction limited to that states appeals courts. The supreme courts are the highest and final courts. The only exception to thi

6、s rule of finality is when a state Supreme Court opinion interprets the meaning of a federal law or the federal constitution. The United States Supreme Court, as the final authority on the meaning of federal law, may accept an appeal of such decision. (州法院间的流转)又因为上诉，涉及到宪法权利，比如修正案4，6，所以归联邦管辖。But the

7、defendant was convicted (loosed the case), and he asked a lawyer for free but refused. Under his constitutional right, he has the right of a lawyer. So he appealed and the case moved over into federal court system based on his US constitutional right denied under the amendment six. Now the federal c

8、ourt has the ability to look at the case.The right of an attorney is not a privilege, its a constitutional right. So the second part of this analysis is the constitutional issue.The federal judicial system consists of the Supreme Court, 13circuit court of appeals and 94 district courts. The United S

9、tates district courts are the only trial courts in the federal system. （联邦地区法院）There are 13 United States circuits of appeals. Twelve of these circuit courts are geographically placed throughout the country in order to hear appeals from the district courts. The thirteenth circuit court, called the U

10、nited States court of appeals for the federal circuit, has nationwide jurisdiction to hear appeals in cases involving international trade, government contract, intellectual property, and veterans benefits. A party who loses a case in a district court can appeal that courts judgment to a circuit cour

11、t of appeals. An appeal is not a second trial. The appellate court does not accept evidence or hear witness. Instead, the purpose of the appellate court is to review the transcript and court record of the district court proceedings to determine if the district courts rulings were correct联邦上诉法院The hi

12、ghest court in the federal judicial system is the United States Supreme Court. The Supreme Court is the only court specifically created by the constitution. A decision of the Supreme Court cannot be appealed to any other court. Parties dont have a right to appeal a circuit court ruling to the United

13、 States Supreme Court. Instead, the Supreme Court has the discretion to choose which case it will hear. A party seeking Supreme Court review will file a writ of certiorari, asking the court to hear its case. In choosing case, the court looks for disputes that only it can resolve, such as the federal

14、 circuit court cases that have reached conflicting interpretations of the same federal law and the cases that have interpreted state laws in a manner that conflict with federal law. The united states supreme courts jurisdiction limited to appeals from federal circuit courts and state supreme courts

15、that have decided a question of federal law.联邦最高法院States have court system, and have their own legislature and constitution, distinguishing a particular issue is state constitutional issue or federal constitutional issue. State court has the sovereign power to say a particular issue is state constit

16、utional issue. There is no appeal over to the federal. The federal can never say what state constitution says, it will violate the state sovereignty power. But reverse doesnt apply. States can say what the US constitution says, but the final authority belong to federal court, the US supreme court, t

17、o interpret what the constitution says. Thats how the federal court system can get reviewed in criminal matters.We see that in Brewer v. Williams.Helen Palsgraf v. the long island railroad company tort issue final power resigns to state court Helen的案例说明了，torts 侵权归州管辖。2.修正案4The fourth amendment prete

18、cts people from unreasonable searches and seizures. Under the exclusionary rule, evidence that is illegally obtained by the police in violation of the fourth amendment may not be admitted at trial to convict the defendant. For example, if the police conduct a search in which they seize evidence with

19、out a warrant, the evidence seized will not be admissible at trial to convict the defendant. Furthermore, under the fruits of the poisonous tree doctrine, any additional附加的 information the police obtain because of the illegal search will also be inadmissible不可接纳. The purpose of the exclusionary rule

20、 and the fruits of the poisonous tree doctrine is to restrain制止 police from using unconstitutional methods to obtain evidence.3.修正案6(1)Speedy trial.The constitutional right to a speedy right prevents the government from delaying a trial in order to punish a defendant, or until witnesses have died or

21、 forgotten the details of their testimony or until evidence favorable to the defendant has disappeared.(2)public trialThe sixth amendment also guarantees the defendant a public trial. The public trial guaranty serves two purposes. First, it prevents the government from conducting引导 secret trials or

22、detaining拘留 the defendant in an unknown place without public knowledge or scrutiny监视. Second, trial publicity keeps the American public informed of prosecutions in order to deter阻止 similar conduct in the future.(3)impartial jury 公正的The six amendment guarantees trial by an impartial jury.(4)right of

23、confrontationThe right of confrontation allows a defendant to have face-to-face confrontations with adverse不利的 witnesses.(5)right to counselThe sixth amendment also guarantees the defendant the right to a lawyer and requires the government to provide an attorney to a criminal defendant who cannot af

24、ford to hire one.一、Brewer vs. Williams1.非法证据排除规则中的“必然发现”例外，是这个案件中认可的。根据这一例外，原来某项非法获得的证据如果能够通过其他合法调查途径必然发现，那么他就具有可采性。对于“必然发现”的证明标准，控方只需要证明必然性达到了优势证据的程度，而不要求“无恶意”。The detective knew that Williams was former mental patient, and he was deeply religious. But they embarked a conversation covering a variet

25、y of topics, including the subject of religion. As a result, Williams directed the police to the body.“Inevitable discovery exception” of the exclusionary rule was considered admissible in this case. According to this exception, if illegally obtained evidence can be inevitable discovery during a leg

26、al investigation, it can be used. As for the proof standard of the “Inevitable discovery exception”, the prosecution shall assume the burden of proof of inevitability with the standard of priority evidence instead of non-badfaith intent.2.这个案件如何流转到联邦最高院The states courts hear the over whelming majori

27、ty of criminal and civil cases. State trial courts initially hear civil and criminal cases. (州法院管辖大部分)Along with certain federal crimes (such as terrorism or drug trafficking across state lines), federal courts hear non-criminal or civil cases only if they are premised on a question about the meanin

28、g of a federal statute or application of the constitution; if the parties are citizens from different state, or if one is a citizen of a foreign country, and more than $7500 is at stake; or if the federal government itself is a party to a suit. In accordance with the provisions of the constitution,

29、the federal courts have jurisdiction only when they are conferred on by law.（法律有规定的才归联邦法院管辖）The trial courts are the entry level courts where cases are first filed. The appellate courts are the second level of courts. A party who loses at the trial court level may appeal the judgment to the appellat

30、e court. The Supreme Courts jurisdiction limited to that states appeals courts. The supreme courts are the highest and final courts. The only exception to this rule of finality is when a state Supreme Court opinion interprets the meaning of a federal law or the federal constitution. The United State

31、s Supreme Court, as the final authority on the meaning of federal law, may accept an appeal of such decision. (州法院间的流转)The federal judicial system consists of the Supreme Court, 13circuit court of appeals and 94 district courts. The United States district courts are the only trial courts in the fede

32、ral system. （联邦地区法院）There are 13 United States circuits of appeals. Twelve of these circuit courts are geographically placed throughout the country in order to hear appeals from the district courts. The thirteenth circuit court, called the United States court of appeals for the federal circuit, has nationwide jurisdiction to hear appeals in cases involving international trade, government contract, intellectual property, and veterans benefits. A party who loses a case in a district court can appeal that courts judgment to a circuit court of appeals. An appeal is not a second trial. The appella