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CJ Chap 9
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| Term | Definition |
|---|---|
| Court of Limited Jurisdiction | Court that has jurisdiction over misdemeanors and conducts preliminary investigations of felony charges. Only state matters |
| Specialized Court | Primary jurisdiction over specific types of offenses, operates differently than traditional courts. Ex: Concern over outcomes/additional judicial monitoring |
| Court of general jurisdiction | State/Federal court that has jurisdiction over felony charges .County-level courts. Lower-level felonies, upper-level misdemeanors. |
| What is a felony offense? | Serious crimes that carry a penalty of incarceration in a state or federal prison for 1 year or more. (Penitentiary) |
| Appellate court | Court to which appeals are made on points of law resulting from the judgement of a lower court. |
| State Supreme Court (Supreme judicial court, or supreme court of appeals) | The court of final resort; highest appellate court in the US that handles the final appeal on a matter. final arbiter of the state’s law and constitution. |
| Intermediate Appellate Courts | Court between trial court and court of final resort |
| Superior Court | Highest trial court with general jurisdiction. |
| County Court | Have limited jurisdiction in both civil and criminal cases |
| Probate Court | Handles wills, administration of estates, and guardianship of minors and incompetents. |
| Justice of the peace and police magistrate | Lowest courts in the judicial hierarchy; limited in both civil/criminal cases. |
| Municipal Court | a lower court with civil and criminal jurisdiction for a particular city or municipality; Less important cases tried by these. |
| U.S. courts of appeals | Appellate court in the fed court system. |
| Writ of certiorari | Order of a superior court requesting that a record of an inferior court (or admin body) be brought forward for review. |
| Rule of Four | Four justices must agree to hear a case b4 a writ of certiorari is granted. |
| Judge Grand Jury | Senior officer in a court of law who hears/decides cases. Has to maintain public confidence in the Judicial System. Citizens who are chosen to hear a case and determine if person goes to trial |
| Missouri Plan | A method of judicial selection that combines a judicial nominating commission, executive apptment, and nonpartisan confirmation elections. |
| Alternative dispute resolution | means of settling disputes outside the courtroom |
| Mediation | Information dispute resolution process in which a neutral 3rd party helps disputing parties reach an agreement |
| Prosecutor District Attorney | Brings state's case against accused County prosecutor who brings offenders to justice and enforces criminal laws of the state. |
| US Attorneys Attorney General | Nation's federal litigators (appt by Pres.) Chief legal officer and prosecutor of each state and of the US. |
| Prosecutorial discretion Defense Attorney | Authority to decide whether to bring a case to trial or not Legal counsel for defendant; must provide a vigorous defense within legal/ethical boundaries. |
| Indigent defendant Assigned counsel/Public defender | Broke person who can't hire attorney private/public attorney who represents broke person. |
| Subpoena | Court order requiring witness to appear at a specific time/place. |
| Why are the structures and functions of state courts difficult to explain? | Because of federalism |
| What are the consequences of federalism? | Disparate structure and organization Disparate criminal codes and procedures |
| What're the several types of state courts? | 1. Limited jurisdiction 2. General Jurisdiction 3. Appellate Jurisdiction |
| What's the typical form of punishment for limited jurisdiction courts? | Jail time and fines |
| Limited Jurisdiction is recorded Proceedings for L.J are informal L.J judges may have minimal training/ educational qualifications | False; not a "courts of record" TRUE TRUE |
| Courts of general jurisdiction hear more serious and varied types of cases. | TRUE |
| What jurisdiction is formal, involves attorneys, has a broader range of sanctions, and has judges that are more experienced? | General Jurisdiction |
| What are the 2 types of Appellate Courts? Appellate Courts usually retry cases | Initial and Final/Resort. False; they provide redress ( |
| Which court has cases heard by a single/panel of judges, decisions which are based upon precedent/case law, grants stays, habeas relief and injunctions? | Appellate Court |
| Describe the 2 types of fed courts (Constitutional and Legislative) | Constitutional: 1.Created by Article III, Section 1, which authorizes Congress to “ordain and establish” courts inferior to the Supreme Court. 2. Judges are appointed for life upon “good behavior” 3. Judicial salaries may not be reduced |
| Legislative: | Also created by Congress, but thru one of its other legislative powers b. Judges are not appointed for life c. Judicial salaries are not protected |
| What're Constitutional Courts 2 types: | General Jurisdiction and Specific Jurisdiction |
| Courts of the general type are organized into what 3 tiers? | District (general), appellate, and supreme. |
| What Act created District Courts? | The Judiciary Act of 1789 |
| Appellate Courts are divided into how many circuits? | 13 |
| The Supreme Court is the only court created by the Constitution and cannot be abolished | TRUE |
| Other constitutional courts include: Court of International Trade, Removal Court, FISA. | TRUE |
| Legislative courts are created by congress under Article 1 or powers to implement legislative authority. | TRUE |
| Legislative Courts Include... | Fed Court Claims, US tax court, Bankruptcy Courts, Courts of Appeals for Veteran claims and Armed Forces. |
| What are the duties of judges | Power of Judges is broad and near-absolute Oversees all matters related to courtroom conduct. Determines the admissibility of evidence Guide the selection of jurors Direct proceedings |
| What are the duties of Judges | Rule on questions of procedure Instruct the jury Determine sentence Judges may also influence social policy, agency operations, uphold public expectations. |
| Judge selection is important to both the gov and public | TRUE |
| Selection can be highly politicized and Constitution provides little guidance on judicial selection. | TRUE |
| Judges are selected by... | Election, Apptment, and Merit; State selects judges as they see fit. |
| Judges are removed due to... | illegality, abuse of authority, and incompetence |
| Many courts systems are over-burned and under-resourced. This has led to alternatives to solving disputes/obtaining justice. | TRUE |
| Several factors are arguably related to the “backlog” of cases in most courts: | Abundance of criminal activity Public emphasis on crime control Priority given to ensuring due process and protection of individual rights |
| Criminal Context | Low-lvl offenses are often eligible for deferred adjudication or some other programmatic approach (drug programs) |
| Civil Context | Private disputes may be best resolved thru mediation or arbitration. |
| "Workgroup" is compromise of... | other professionals who interact with one another in a court. (ex: Lawyer interacting with a clerk) |
| Court Clerks | manage the court docket and related business matters. |
| Prosecutors serve the higher ethical goal of seeking justice wherever that path may lead. | TRUE |
| Prosecutors exercise broad discretion in shaping CJ policy, priorities, and standards within their area of jurisdiction. | TRUE |
| Decision-making is often driven by legal, social, political, and financial considerations. | TRUE |
| Prosecutors who abuse their power or the public’s trust may be sanctioned. | TRUE |
| Defense Counsel | Work is highly varied and time consuming Guaranteed by the 6th amendment |
| 2 types of trials | Bench Trial (Judge only) and Jury Trial (Jury makes decision) |
| Habeas relief | a person comes out of prison while the decision is made. |
| They can issue a stay/halt on an execution and are concerned with state issues/state laws. Don't hear the case anew. | Appellate Courts |
| Exclusionary Rule | Principle of law that asserts that violated procedures are not accessible in trial. 14th amendment, selective incorporation. |
| Judges can't be fired or impeached for court mistakes (S.C) | TRUE |
| General Jurisdiction... | Can hear about murders, robberies, rapes, and capital murder. Can send people to prison. Records of proceedings Doesn't allow people without a law degree to judge. People bring representation. |
| Counsel is 2 types | Self-procured or court-appointed |
| Denovo | all of the facts and issues are heard and reviewed as if for the very first time, with no consideration given to any issues decided or assumed in the previous trial. |
| What are the stepping stone for judges? | City and County Courts |
| City Court: Justice Court: | City: Traffic citation, violation of ordnance Justice: City court analog. Unincorporated areas. |
| Deferred | Post-poned |
Created by:
Frances2004
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