chapter 4 Flashcards

1
Q

General jurisdiction

A

court can hear all cases and is not limited to a particular type of case

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2
Q

Limited jurisdiction

A

limited to only a particular class of cases

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3
Q

Original jurisdiction

A

where the trial takes place; initially hears the case

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4
Q

Appellate Jurisdiction

A

Reviews a decision of the lower courts

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5
Q

Judiciary Act of 1789

A

created the supreme court

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6
Q

Court of Appeals Act 1891

A

created the court of appeals

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7
Q

Federal courts (3)

A

district courts, intermediate appellate courts, supreme courts

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8
Q

District courts

A

trial court; hears civil matters, matters specified by congress, federal law claims ($50,000 above), habeas corpus

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9
Q

Courts of Appeal

A

handle appeals of decisions from lower courts

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10
Q

Supreme Court

A

resolves disputes between states, constitutional issues, and conflicting opinions of lower courts

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11
Q

Rule of 4

A

when 4 or more judges on the panel vote to hear the case

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12
Q

Writ of Certiorari

A

When a party petitions for the Supreme court to hear case

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13
Q

State Courts (4)

A

limited jurisdiction, general jurisdiction, appellate court, supreme court

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14
Q

Courts of limited jurisdiction

A

less serious offenses and civil cases, traffic offenses, civil disputes under a certain amount

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15
Q

Courts of general jurisdiction

A

trial courts for criminal and civil matters, FELONIES are heard

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16
Q

Appellate Courts

A

hear civil and criminal appeals from lower courts, they have mandatory and discretionary jurisdiction.

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17
Q

State Supreme Courts

A

Hear appeals on a discretionary basis

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18
Q

Judge

A

issue warrants, decide bail, holding defendants for trial, pretrial motions, jury selection, maintain order,

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19
Q

Judicial selection methods (3)

A

appointment, election, merit system

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20
Q

Appointment

A

Federal judges are appointed by the president

21
Q

Election

A

State court judges are elected

22
Q

Merit System

A

governor selects who stand for election

23
Q

Prosecutors

A

elected officials who represent the executive branch of gov’t, they bring criminal charges against individuals accused of crime and represent the gov’t

24
Q

Attorney general

A

represents the state when laws are challenged

25
Hierarchical jurisdiction (4)
the division and responsibilities of various courts; general, limited, original, appellate
26
U.S. Prosecutors
appointed by the president
27
State Prosecutors
Elected
28
Defense attorney
defends the defendant either hired or appointed by the state
29
Gideon v. Wainwright
all indigent defendants charged with felonies have the right to counsel
30
Argersinger v. Hamlin
the right to counsel applies to all critical stages of the CJ process. No one could be imprisoned for any offense without counsel
31
Role of defense
ensure defendants rights are not violated by the police, argue for lowest possible sentence, defend the defendant as best they can
32
Retained counsel
hired by defendant
33
Public defenders
hired by the state and work for those who cannot afford a lawyer
34
Appointed Counsel
represent indigent offenders
35
Jurors
Decide whether or not a defendant is guilty
36
Jury pool (Venire)
list of names where juror would be chosen from
37
Voir dire
to see to speak
38
Pretrial Proceedings (7)
complaint/arrest, booking, initial appearance, advisement, arraignment, pretrial motions, discovery, trial
39
affadavit
facts relied upon probable cause
40
Initial appearance
first appearance and bail is set, informal
41
Arraignment
formal, where plea bargaining takes place, guilty, not guilty no contest, and standing mute. begins speedy trial
42
Alford plea
defendant enters a guilty to plea but denies committing the crime he or she is pleading
43
Pretrial motions
Both prosecution and defense may file a motion; to compel discovery and suppress evidence
44
Discovery
both sides seek to discover the evidence the opposing side has
45
Who gets to go last in the closing arguments?
The prosecution because they have the burden of proof
46
Habeas Corpus
the right for a defendant to appeal the courts decision in challenging the authority of the state
47
Personal jurisdiction
authority of court over a person
48
Subject matter jurisdiction
authority of court to hear a particular case
49
Geographical jurisdiction
hear cases within specific boundaries