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intro exam #3
| Question | Answer |
|---|---|
| Federal Court system consists of these 3 levels | US District Courts, US Courts of Appeals and US Supreme Court |
| Created by the US Constitution article III Section 1 | Federal Court System |
| Earliest Chief Justice | John Marshall |
| Current Supreme Court Chief Justice | John Roberts |
| Supreme Court is located here | Washington DC |
| Each of the original American Colonies had its own | State Court System |
| All of the American Colonies had established fully functioning court systems by | 1776 |
| there was a tremendous increase in civil litigation and criminal arrest | by the late 19th century |
| handle disorderly conduct, property disputes and enforcement of restrictive and regulatory ordinances | city courts |
| Trial Courts of Limited Jurisdiction | also called Misdemeanor Court |
| Lower Courts | Trial Courts of Limited Jurisdiction |
| State court systems were developed by several models, one of them being | New York State Field Code of 1848 |
| Trial Court of Limited Jurisdiction or Lower Courts are | authorized to hear only less serious cases, rarely hold jury trials, detailed record is not maintained and is much less formal than the courts of general jurisdiction |
| Trial Courts of General Jurisdiction | also called high courts, circuit courts or superior courts |
| Authorized to hear any criminal case, provides first appellate level for courts of limited jurisdiction | Trial Courts of General Jurisdiction |
| Trial Court of Limited Jurisdiction and the Trial Court of General Jurisdiction are what | State Trial Courts |
| most states generally have at least how many court levels | 3 |
| State Court System consists of | trial courts, appellate courts and a state supreme court |
| Sate Appellate Courts also known as | intermediate appellate court and high level appellate court |
| Supreme Courts | all state have these |
| only 39 states have | intermediate appellate courts |
| most states have automatic appeal on | death sentences |
| remand | the case may be sent back for a new trial |
| Most state convictions are | affirmed on appeal |
| Appeal | the request that a court with appellate jurisdiction review the judgment |
| Trial De Novo | cases that are retried on appeal |
| the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts | Original Jurisdiction |
| the lawful authority of a court o review a decision made by a lower court | Appellate Jurisdiction |
| informal hearing place designed to mediate interpersonal disputes without resorting to a more formal arrangement of a criminal trial court | Dispute Resolution Centers |
| low level court that focuses on quality of life crimes that erode neighborhoods moral, that emphasize problem solving rather than punishment | Community Courts |
| Community Courts punishment are generally sentenced to | work within the community |
| US District Courts have this many federal judicial districts - at least one in each state | 94 |
| handle both civil and criminal and are the trial courts of the federal court system | US District Courts |
| Especially in courts located close to the US/Mexico border these have led to considerable growth in the number of cases filed | drug prosecutions |
| US Courts of Appeals has these districts organized into circuit courts | 94 |
| US Courts of Appeals has this many regional circuits or circuit courts | 12 |
| Appeals generally fall into one of three categories | frivolous, ritualistic, and nonconsensual |
| Probability of reversal in the US Court of Appeals is highest in what category? | nonconsensual |
| Courts greatest authority lies in its capacity for judicial | review |
| Judicial review | power of the court to review actions and decision made by other agencies of government |
| Today, the Supreme Court has 5000 request for review, but only this many actually heard | 200 |
| The Supreme Court must issue a writ of certiorari which is | orders to send the records of the case forward for review |
| in the Supreme Court this many justices must agree to hear a case | 4 |
| Chief Justice John Marshall established the courts authority as final interpreter of the US Constitution | Marbury v Madison |
| First Appearance is also called | Probable Cause Hearing |
| In the first appearance | defendant brought before the judge, given formal notice of charge, advised of rights, given opportunity for counsel, possible bail and the suspect doe not present evidence in this pretrial activity |
| pretrial release | release of an accused person from custody upon his or her promise to appear in court when required |
| Early Intervention Programs | gther and present information about newly arrested defendants and available options for use by judicial officers |
| supervising defendants release from custody and being concerned about risk of flight are two things that this program does | Early Intervention |
| Bail | most common release detention decision making mechanism in American Courts - NOT ALWAYS GRANTED! |
| 8th amendment | does not guarantee the opportunity for bail, but does state that excessive bail shall not be required |
| purposes of bail | helps ensure reappearance of the accused and prevents unconvicted persons from suffering imprisonment unnecessarily |
| bail bond | document guaranteeing the appearance of a defendant in court as required |
| pretrial release | common practice of releasing before trial due to no place to house the people. 57% of state felony and 66% of federal felony are released |
| Release on Recognizance (ROR) | pretrial release of a defendant on his or her written promise to appear in court when required - no cash or property bond is required |
| Property Bond | substitute other items of value in place of cash such as land, houses, automobiles, stocks, as collateral against pretrial flight |
| alternative form of cash bond available in some jurisdictions, places the court in the role of the bondsman allowing the defendant to post a percentage of the full bail with the court | deposit bail |
| conditional release | set of requirements on the defendant that might include participation in a drug treatment program, staying away from specified other, attendance at a job |
| Release Under Supervision | defendants report to an officer of the court or to a police office and has set requirements |
| assignes curtoday of the defendant to an individual or agency that promises to ensure his or her later appearance in court | 3rd party custody |
| unsecured bonds | like a credit contract or loan, requires no monetary deposit with the court, defendant agrees in writing that failure to appear will result in forfeiture of the entire amount of the bond |
| allows release based on the defendants written promise to appear - involves no particular assessment of the defendants dangerousness or likelihood of later appearance in court - | signature bonds |
| signature bonds are used only in | minor offenses such as traffic law violations and petty drug law violations and may be issued by the arresting officer acting on behalf of the court |
| Danger laws | intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community - |
| these laws limit the right to bail to certain kinds of offenders | danger |
| group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial | grand jury |
| In the Grand Jury | hearing are held in secret, defendant generally does not appear and there is no opportunity to cross examine prosecution witness |
| indictment | formal listing of the proposed charges |
| In the State of Texas an indictment has to meet several requirements on | how it is exactly written, when and where it should appear and what the offense is |
| preliminary hearing | primary purpose of the hearing is to give the defendant an opportunity to challenge the legal basis for his or her detention - a proceeding before a judicial officer |
| during the preliminary hearing these matters must be decided | whether a crime was committed, whether the crime occurred within the territorial jurisdiction of the court and whether there are reasonable grounds to believe that the defendant committed the crime |
| information | formal written accusation submitted to a court by a prosecutor |
| competent to stand trial | finding by the court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding |
| arraignment | first appearance of the defendant before the court that has the authority to conduct a trial - 9 out of 10 times they are NOT guilty! |
| purposes of arraignment | inform the defendant of the specific charges again, allow the defendant t enter a plea |
| plea | defendants formal answer to the charge |
| plea bargaining | process of negotiating an agreement among the defendant, prosecutor and the court as to an appropriate plea and associated sentence in a given case |
| after a guilty plea has been entered | it may be withdrawn with the consent of the court |
| 90% of all criminal cases are eventually resolved through a | negotiated plea |
| Federal rules of Criminal Procedure require judges to | inform the defendant of the rights he or she is surrendering by pleading guilty, determine if the plea is voluntary, disclose any plea agreements, make sufficient inquiry to ensure there is a factual basis for the plea |
| federal court system has | 94 district courts including 3 territorial courts |
| most states have three court levels | trial courts, appellate courts and a state supreme court |
| states that followed the FEDERAL model developed a three tiered structure: | trial courts of limited jurisdiction, trial courts of general jurisdiction, appellate courts |
Created by:
govern