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Justice In America > Chapter 12 > Flashcards

Chapter 12 Flashcards

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
Q

Motion

A

Formal request asking the court to make a special ruling

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25
Q

Bench trial

A

A judge decides the verdict

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26
Q

Summons

A

A court order that directs a recipient to appear in court

27
Q

Venire

A

The group of people who respond to the jury selection process

28
Q

Voir dire

A

Questioning the venire

29
Q

Peremptory challenges

A

Each side excusing some jurors without cause

30
Q

Petit jury

A

The people who listen to the evidence during the trial

31
Q

Presumption of sanity

A

All defendants are presumed to be sane unless proven insane during trial

32
Q

Presumption of innocence

A

Innocent until proven guilty

33
Q

Evidence

A

Anything that helps disprove or prove a fact

Physical evidence, testimony, scientific evidence, demonstrative evidence

34
Q

Beyond a reasonable doubt

A

Firmly convinced someone is guilty or innocence

35
Q

Intermediate sentencing

A

A range of offenses that can be issued

36
Q

Determinate sentencing

A

A judge decides the sentence

37
Q

Presentence investigation report

A

PSI

Summarizes the circumstances leading up to the commission of the offense

38
Q

Appeal

A

The defendant filing for the case to be reviewed after being sentenced as guilty

39
Q

Harmless error

A

Errors made during the trial that would have not likely affected the outcome

40
Q

Prejudicial or reversible error

A

Errors that would have changed the outcome

41
Q

Certiorari

A

An order from a higher appellate court to a lower appellate court to gets the records from the case to review the case

42
Q

Habeas corpus

A

Ordering the release of a person because they were detained illegally

43
Q

Supremacy court

A

Declares the construction the supreme law of the land

44
Q

Judicial review

A

When a court invalidates laws enacted by a legislature

45
Q

Legal reasoning

A

Judges justify how and when they use their power

46
Q

Legal formalism

A

Law + facts = decision

47
Q

Legal realism

A

Legal reasoning is interpreting each sides arguments to come to a conclusion

48
Q

Legal process theories

A

Harmonizing legal formalism and realism by establishing neutral theories

49
Q

Law and economics

A

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
Q

Jurisprudence of rights

A

Judges should consider peoples rights

51
Q

Critical legal studies

A

CLS

Law is politics

52
Q

Critical race theories

A

Focuses on the experiences of racial and ethnic minorities with the legal system

53
Q

Feminist jurisprudence

A

Gender equality in the law

54
Q

Postmodern jurisprudence

A

Focuses on the intersection of race, gender, ethnicities

55
Q

Original jurisdiction

A

Where a case begins

56
Q

Trial courts

A

The courts with original jurisdiction

Federal - federal district courts

57
Q

Appellate courts

A

Review the proceedings of a lower level court

Decide whether the decision was right

58
Q

Cours of limited subject matter jurisdiction

A

Specialized

Only hear certain topics

59
Q

Courts of general subject matter jurisdiction

A

Hear all other types of cases

60
Q

Lead prosecutor

A

Employs the staff of lawyers who actually go to court

61
Q

Plea agreement

A

Must be agreed upon by the prosecutor, defense counsel, and the defendant

62
Q

Motion to suppress

A

Defendant asks the judge to remove certain evidence from trial

63
Q

Sixth amendment

A

Right to a speedy, public, and impartial trial

64
Q

Penal code of jurisdiction

A

Sets the permissible range of punishments a judge may give

65
Q

Carter and Burke

A

Developed a model that explains the four primary criteria that judges may consider

Justice In America (5 decks)

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