Dominican ENJ Public Defender: defence foundations flashcards
Dominican ENJ Public Defender: defence foundations · Build recall with a focused review session.
20 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Constitutional supremacy
- The controlling place of the Constitution in the legal hierarchy, which prevents a subordinate act from overriding a constitutional guarantee.
- Diffuse review
- Case-specific constitutional scrutiny by an ordinary court, distinguished from the separate direct-action competence of the Tribunal Constitucional.
- Favourable retroactivity
- The relevant constitutional exception allowing a later favourable law to benefit a person sub judice or serving a sentence.
- Proportionality
- A reasoned assessment connecting an interference with its lawful purpose, necessity and burden, rather than validating every means from an aim alone.
- Effective assistance
- Practical and competent legal help enabling defence participation, rather than the merely formal appearance of a lawyer’s name in a file.
- Confidential communication
- A protected opportunity to consult counsel privately, which is distinct from a public hearing or a conversation broadcast to investigators.
- Informed decision
- A choice made with relevant understanding, information and voluntariness, rather than presumed solely from an unexplained signature or silence.
- Conflict of interests
- A divergence capable of impairing independent representation, which must be assessed rather than ignored because clients share eligibility for assistance.
- Typical conduct
- Conduct corresponding to the legally required elements of an offence, distinguished from a generalized belief that an outcome was harmful.
- Mental element
- The relevant state of mind required by the applicable offence, which must be supported rather than inferred automatically from the result.
- Guarantor position
- A legally relevant duty considered in omission liability, not a universal rule making every observer responsible for every harm.
- Concurrence
- The relationship among acts and offence provisions, requiring analysis before assuming every proposed label produces an independently accumulated penalty.
- Individualized reasoning
- An explanation connecting the actual case facts with the legal conclusion, rather than reproducing generic formulas without material application.
- Chain of custody
- The record and handling relationships used to assess identity, integrity and traceability of evidence through collection and presentation.
- Expert evidence
- Specialized assistance addressing a material issue through relevant knowledge, method and limits, not an expert’s authority to decide guilt.
- Exclusion issue
- A challenge to the lawful use of evidence under the applicable guarantees and rules, which must identify the relevant act and consequence.
- Professional independence
- Protection of lawful defence judgment from improper pressure, without exemption from professional obligations or the applicable procedural framework.
- Juvenile participation
- Meaningful involvement of the adolescent in the specialized process, requiring attention to understanding, communication and the person’s own rights.
- Confidential file handling
- Authorized and protected access, use and transfer of private case information, not unlimited disclosure based on workplace curiosity.
- Source verification
- Checking the actual legal text, version and authority before relying on an article number, transition date, deadline or numerical sanction.