Chapter 12 Flashcards

(66 cards)

0
Q

Jurisdiction

A

The authority given to a court to hear and adjudicate a particular dispute

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1
Q

Adjudication

A

The formal process for resolving legal disputes in courts of law

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2
Q

High courts

A

State system
State court of last resort
Federal system
Us Supreme Court

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3
Q

Intermediate appellate courts

A

State system
Appellate jurisdiction
Federal system
US circuit court of appeals

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4
Q

Major trial courts

A

State system
State trial courts of general jurisdiction
Federal system
US district courts

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5
Q

Minor trial courts

A

State system
State trial courts of limited jurisdiction
Federal system
Non-article III courts

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6
Q

Subject matter jurisdiction

A

The type of case that my be adjudicated by a court of original jurisdictions

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7
Q

Geographic jurisdictions

A

The geographic area of a court where it has the power to adjudicate cases

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8
Q

Courtroom workgroup

A

Working relationships amount court employees

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9
Q

Judges

A

Preside over federal and state courts

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10
Q

Prosecutors

A

Government officials responsible for prosecuting violations of criminal law

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11
Q

defense attorney

A

Lawyers who represent people accused of a crime

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12
Q

Felonies

A

The most serious of crimes

A year or more in prison or a large fine

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13
Q

Misdemeanors

A

Less serious offenses

Less than a year in jail

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14
Q

Initial appearance

A

Someone needs to appear before a judge after being arrested

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15
Q

Complaint

A

Charges filed by a police officer

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16
Q

Indictment

A

Formal charge returned by a grand jury

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17
Q

Information

A

Document presented by a prosecutor

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18
Q

Grand jury

A

A group of citizens who determine whether there is enough evidence to have a case stand trial

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19
Q

Preliminary hearing

A

Proceeding designed to determine if a defendant must stand trail on felony charges

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20
Q

Arraignment

A

A formal proceeding where the charging document is read to the defendant, and the enter a plea bargain

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21
Q

Exculpatory evidence

A

Any evidence that may be favorable to the defendant

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22
Q

Discovery

A

Process by which the parties exchange relevant information about a case

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23
Q

Plea bargaining

A

The process by which a defendant agrees to plead guilty in exchange for something from the government

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24
Motion
Formal request asking the court to make a special ruling
25
Bench trial
A judge decides the verdict
26
Summons
A court order that directs a recipient to appear in court
27
Venire
The group of people who respond to the jury selection process
28
Voir dire
Questioning the venire
29
Peremptory challenges
Each side excusing some jurors without cause
30
Petit jury
The people who listen to the evidence during the trial
31
Presumption of sanity
All defendants are presumed to be sane unless proven insane during trial
32
Presumption of innocence
Innocent until proven guilty
33
Evidence
Anything that helps disprove or prove a fact | Physical evidence, testimony, scientific evidence, demonstrative evidence
34
Beyond a reasonable doubt
Firmly convinced someone is guilty or innocence
35
Intermediate sentencing
A range of offenses that can be issued
36
Determinate sentencing
A judge decides the sentence
37
Presentence investigation report
PSI | Summarizes the circumstances leading up to the commission of the offense
38
Appeal
The defendant filing for the case to be reviewed after being sentenced as guilty
39
Harmless error
Errors made during the trial that would have not likely affected the outcome
40
Prejudicial or reversible error
Errors that would have changed the outcome
41
Certiorari
An order from a higher appellate court to a lower appellate court to gets the records from the case to review the case
42
Habeas corpus
Ordering the release of a person because they were detained illegally
43
Supremacy court
Declares the construction the supreme law of the land
44
Judicial review
When a court invalidates laws enacted by a legislature
45
Legal reasoning
Judges justify how and when they use their power
46
Legal formalism
Law + facts = decision
47
Legal realism
Legal reasoning is interpreting each sides arguments to come to a conclusion
48
Legal process theories
Harmonizing legal formalism and realism by establishing neutral theories
49
Law and economics
Emerges in the 1970s The law should be interpreted through ways which distribute economic costs and benefits to promote economic efficiency and maximize wealth
50
Jurisprudence of rights
Judges should consider peoples rights
51
Critical legal studies
CLS | Law is politics
52
Critical race theories
Focuses on the experiences of racial and ethnic minorities with the legal system
53
Feminist jurisprudence
Gender equality in the law
54
Postmodern jurisprudence
Focuses on the intersection of race, gender, ethnicities
55
Original jurisdiction
Where a case begins
56
Trial courts
The courts with original jurisdiction | Federal - federal district courts
57
Appellate courts
Review the proceedings of a lower level court | Decide whether the decision was right
58
Cours of limited subject matter jurisdiction
Specialized | Only hear certain topics
59
Courts of general subject matter jurisdiction
Hear all other types of cases
60
Lead prosecutor
Employs the staff of lawyers who actually go to court
61
Plea agreement
Must be agreed upon by the prosecutor, defense counsel, and the defendant
62
Motion to suppress
Defendant asks the judge to remove certain evidence from trial
63
Sixth amendment
Right to a speedy, public, and impartial trial
64
Penal code of jurisdiction
Sets the permissible range of punishments a judge may give
65
Carter and Burke
Developed a model that explains the four primary criteria that judges may consider