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
Q

Hierarchical jurisdiction (4)

A

the division and responsibilities of various courts; general, limited, original, appellate

26
Q

U.S. Prosecutors

A

appointed by the president

27
Q

State Prosecutors

A

Elected

28
Q

Defense attorney

A

defends the defendant either hired or appointed by the state

29
Q

Gideon v. Wainwright

A

all indigent defendants charged with felonies have the right to counsel

30
Q

Argersinger v. Hamlin

A

the right to counsel applies to all critical stages of the CJ process. No one could be imprisoned for any offense without counsel

31
Q

Role of defense

A

ensure defendants rights are not violated by the police, argue for lowest possible sentence, defend the defendant as best they can

32
Q

Retained counsel

A

hired by defendant

33
Q

Public defenders

A

hired by the state and work for those who cannot afford a lawyer

34
Q

Appointed Counsel

A

represent indigent offenders

35
Q

Jurors

A

Decide whether or not a defendant is guilty

36
Q

Jury pool (Venire)

A

list of names where juror would be chosen from

37
Q

Voir dire

A

to see to speak

38
Q

Pretrial Proceedings (7)

A

complaint/arrest, booking, initial appearance, advisement, arraignment, pretrial motions, discovery, trial

39
Q

affadavit

A

facts relied upon probable cause

40
Q

Initial appearance

A

first appearance and bail is set, informal

41
Q

Arraignment

A

formal, where plea bargaining takes place, guilty, not guilty no contest, and standing mute. begins speedy trial

42
Q

Alford plea

A

defendant enters a guilty to plea but denies committing the crime he or she is pleading

43
Q

Pretrial motions

A

Both prosecution and defense may file a motion; to compel discovery and suppress evidence

44
Q

Discovery

A

both sides seek to discover the evidence the opposing side has

45
Q

Who gets to go last in the closing arguments?

A

The prosecution because they have the burden of proof

46
Q

Habeas Corpus

A

the right for a defendant to appeal the courts decision in challenging the authority of the state

47
Q

Personal jurisdiction

A

authority of court over a person

48
Q

Subject matter jurisdiction

A

authority of court to hear a particular case

49
Q

Geographical jurisdiction

A

hear cases within specific boundaries