Exam 3 Flashcards
Chapter 9-11 (73 cards)
Dual Court System
System containing a federal and state court system
Adversarial Court System
A legal system where there is a contest between 2 opposing sides with a judge sitting as an impartial arbiter, seeking truth
State Court System (5)
Civil or Criminal Courts where cases are decided through an adversarial process: court of last resort, appellate court, trial courts, specialty courts, and lower courts. Violations of state law (rape and kidnap).
Federal Court System (3)
Federal system that includes the Supreme Court, U.S. Circuit of appeals (13), district magistrate courts. Focusing on disputes between states, bankruptcy, violation of federal trade and crime laws.
Original Jurisdiction
Authority to hear and decide a case before any appellate review or any other court.
Limited Jurisdiction
The lower level of courts where courts can only hear certain types of cases: bankruptcy, family etc.
Appellate Jurisdiction
Can only hear appeals, also known as part of courts of last resort.
Standard of Proof
The amount of evidence required to prove a claim in a legal case (beyond a reasonable doubt).
U.S District Court
“Work horses” of federal judiciary: hears civil and criminal cases and initiates to federal courts
Circuit Courts
Intermediate between U.S district courts and Supreme Court, hears appeals from several district courts.
U.S Supreme Court
The highest court level in the U.S., the only court established by constitutional mandate, has the ultimate decision in interpreting constitutional law, acts of legislation, and treaties. (writ of Centauri and rule of 4).
Rule of Four
4 justices need to decide to review a case to allow the full court to hear the case.
Writ of Centauri
An order from a higher court directing a lower court to send the record of a case for review.
Bail
Money designed to entice defendant to show up to court to answer criminal charges
Initial Appearance
A formal proceeding during which the accused is read their rights and informed of the charges and the amount of bail required to secure partial release.
Preliminary Hearing
A stage in the criminal process conducted by a magistrate to determine whether a person charged with a crime should be held for trial based on probable cause: doesn’t determine guilt or innocence. (Both prosecutor and defendant)
Grand Jury Proceeding
A proceeding that tests the prosecutor’s evidence to see if there is enough information to involve a jury.
Arraignment
Criminal court proceeding during which a formally charged defendant is informed of the charges and asked to enter a plea of guilty or not guilty.
Plea Bargainning
Also known as plea negotiation, majority of cases are finalized through this. It is a pre-conviction process between the prosecutor and the accused in which a plea of guilty is given by the defendant with certain specified considerations in return.
Sixth Amendment
Right to attorney, to a speedy trial and right to confront witness against you
Pretrial motion
Any number of motions filed by the prosecutor and defendant’s attorney before trial: to quash evidence, change venues, conduct discovery, challenge search and seizure, and doubt expert witness.
Discovery
Exchange of information between prosecution and defense to promote fair adversarial contest between the 2 sides and help the truth come to light.
Problem-Solving Courts
Courts that focus on solving problems, focusing on treatment, and keeping individuals from repeating crimes with programs: drug courts, and mental health courts.
Types of Pleas
Guilty, not guilty and nolo contendre: neither agree nor disagree with charge
