Courts 10a Flashcards
(43 cards)
0
Q
Area from which a court can draw appeals
A
Appellate jurisdiction
1
Q
Court that reviews a lower courts decision
A
Appeals
2
Q
Lowest court in any given jurisdiction
A
Circuit court
3
Q
- has a separate court system from the state court system
- powers for each court come from the constitution of the United States and federal laws
- these are the highest courts in the United States!!!
A
Dual Court System
4
Q
- highest person in the court: judge
- determines the verdict: jury
- powers ~
- original jurisdiction over matters involving
federal and military matters
- original jurisdiction over matters involving
the U.S. Constitution
A
U.S District Court
5
Q
- highest person in the court: justices {7}
- determines the verdict: justices
- powers ~
- appeals from U.S District Court
A
U.S Court Of Appeals
6
Q
- highest court in U.S
- determines the verdict: justices {9}
- powers ~
- appeals from a courts, state and federal
- jurisdiction over matter involving us
constitution and federal laws
A
U.S Supreme Court
7
Q
the area where a case originates
A
Original jurisdiction
8
Q
Area in a courts power
A
District
9
Q
Courts officer with the power to enforce laws
A
Magistrate
10
Q
A document that requires a person to appear in court to testify
A
Subpoena
11
Q
A notice to appear in court
A
Summons
12
Q
- has a separate court system from the untied states court system
- powers for each court come from the Virginia constitution and state laws
- people in the court ~
Judge, jury, lawyers, defendant, magistrate
A
Virginia dual court system
13
Q
Issue search warrant, subpoenas, arrest warrants, summons, and issue bail
A
Magistrate
14
Q
- highest person in court: judge
- determines verdict: judge
- powers ~
Any juvenile and family related cases
A
Juvenile/Domestic Relations Court of Hampton
15
Q
- highest person in court: judge
- determines verdict: judge
- powers ~
Original jurisdiction of misdemeanors
Civil cases less than $1,000
A
General District Court Of Hampton
16
Q
- highest person in court: judge
- determines verdict: jury
- powers ~
Original jurisdiction for felony crimes and civil cases over $1,000
Appeals from district courts
A
Circuit Court Of Hampton
17
Q
- highest person in court: judges
- determines verdict: judge
-powers ~
Appeals from circuit court
Not a trial court
A
Court Of Appeals Of Virginia
18
Q
- highest person in court: justices
- determines verdict: judge
-powers ~
Court of final appeal in Virginia
Limited jurisdiction on cases involving state laws and VA government officials
A
Virginia Supreme Court
19
Q
Cases not involving crimes but people, personal in nature {money, lawsuits}
A
Civil case
20
Q
Money given for repayment of an action
A
Compensation
21
Q
The party who defends against a case in court
A
Defendant
22
Q
Person brining charges against the defendant in court
A
Plaintiff
23
Q
In a ____ ____, a court settles a disagreement between two parties to recover damages or receive compensation
A
Civil case
24
Both ____ and the ______ can sue each other!
Plaintiff, defendant
25
- plaintiffs filed a complaint for damage or losses
- case is heard by judge with or without a jury
- case is appealed to court of appeals, then Supreme Court of state, the U.S. Supreme Court
Civil procedure
26
A case involving a felony or misdemeanor
Criminal case
27
A crime less serious that usually doesn't carry jail time {Ex- traffic tickets}
Misdemeanor
28
A serious crime that usually carries a long jail sentence {Ex- murder}
Felony
29
Court hearing where the defendant is formally charged with a crime
Arraignment
30
Having a valid reason to search someone or their property
Probable cause
31
Money given to release a person from jail
Bail
32
Guilty or not guilty, also no contest
Plea
33
◦ A court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor of felony
◦ Judge is the highest person
◦ Jury decides the verdict
Criminal cases
34
◦ Person is accused of crime, arrested
◦ Accused may go to jail if bail is not set or denied
◦ Case goes to arraignment for review of probable cause
◦ Defendant is appointed a lawyer or may secure one themselves
◦ Plea is entered
◦ Court date is set
◦ Trial is conducted
◦ Appeals may be made to Court of Appeals or directly to the U.S Supreme Court in some cases.
Criminal procedure
35
guaranteed rights to all Americans concerning prosecution and trials
Due Process
36
not allowing something to happen
Prohibits
37
* Prohibits the national government from acting in an unfair manner
* They cannot take away your rights as an American citizen.
5th Amendment Due Process
38
* Prohibits the state and local government from acting in an unfair manner
* They cannot take away your rights as an American citizen.
* Due Process applies to all rights in the Bill of Rights. YOU GET ALL THESE RIGHTS IF YOU ARE A CITIZEN!!! REGARDLESS OF THE CRIME!
14th Amendment Due Process
39
case established judicial review
Marybury v. Madison
40
meaning only the US Constitution can dictate what the laws for the US will be
Supreme law of the land
41
right of the US Supreme Court to review cases, laws, actions, or anything else to determine if its right or wrong.
Judicial review
42
- _________________ IS SUPREME!!!
◦State constitutions must conform to the U.S Constitution
◦State laws must conform to state constitution
◦THEREFORE: any law that is supported by the state constitution but conflicts with the U.S Constitution can be considered under judicial review
◦AND….the actions of the governor and president can be reviewed as well
U.S. Constitution & judicial review
