chapter 4 Flashcards
General jurisdiction
court can hear all cases and is not limited to a particular type of case
Limited jurisdiction
limited to only a particular class of cases
Original jurisdiction
where the trial takes place; initially hears the case
Appellate Jurisdiction
Reviews a decision of the lower courts
Judiciary Act of 1789
created the supreme court
Court of Appeals Act 1891
created the court of appeals
Federal courts (3)
district courts, intermediate appellate courts, supreme courts
District courts
trial court; hears civil matters, matters specified by congress, federal law claims ($50,000 above), habeas corpus
Courts of Appeal
handle appeals of decisions from lower courts
Supreme Court
resolves disputes between states, constitutional issues, and conflicting opinions of lower courts
Rule of 4
when 4 or more judges on the panel vote to hear the case
Writ of Certiorari
When a party petitions for the Supreme court to hear case
State Courts (4)
limited jurisdiction, general jurisdiction, appellate court, supreme court
Courts of limited jurisdiction
less serious offenses and civil cases, traffic offenses, civil disputes under a certain amount
Courts of general jurisdiction
trial courts for criminal and civil matters, FELONIES are heard
Appellate Courts
hear civil and criminal appeals from lower courts, they have mandatory and discretionary jurisdiction.
State Supreme Courts
Hear appeals on a discretionary basis
Judge
issue warrants, decide bail, holding defendants for trial, pretrial motions, jury selection, maintain order,
Judicial selection methods (3)
appointment, election, merit system
Appointment
Federal judges are appointed by the president
Election
State court judges are elected
Merit System
governor selects who stand for election
Prosecutors
elected officials who represent the executive branch of gov’t, they bring criminal charges against individuals accused of crime and represent the gov’t
Attorney general
represents the state when laws are challenged
Hierarchical jurisdiction (4)
the division and responsibilities of various courts; general, limited, original, appellate
U.S. Prosecutors
appointed by the president
State Prosecutors
Elected
Defense attorney
defends the defendant either hired or appointed by the state
Gideon v. Wainwright
all indigent defendants charged with felonies have the right to counsel
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
Role of defense
ensure defendants rights are not violated by the police, argue for lowest possible sentence, defend the defendant as best they can
Retained counsel
hired by defendant
Public defenders
hired by the state and work for those who cannot afford a lawyer
Appointed Counsel
represent indigent offenders
Jurors
Decide whether or not a defendant is guilty
Jury pool (Venire)
list of names where juror would be chosen from
Voir dire
to see to speak
Pretrial Proceedings (7)
complaint/arrest, booking, initial appearance, advisement, arraignment, pretrial motions, discovery, trial
affadavit
facts relied upon probable cause
Initial appearance
first appearance and bail is set, informal
Arraignment
formal, where plea bargaining takes place, guilty, not guilty no contest, and standing mute. begins speedy trial
Alford plea
defendant enters a guilty to plea but denies committing the crime he or she is pleading
Pretrial motions
Both prosecution and defense may file a motion; to compel discovery and suppress evidence
Discovery
both sides seek to discover the evidence the opposing side has
Who gets to go last in the closing arguments?
The prosecution because they have the burden of proof
Habeas Corpus
the right for a defendant to appeal the courts decision in challenging the authority of the state
Personal jurisdiction
authority of court over a person
Subject matter jurisdiction
authority of court to hear a particular case
Geographical jurisdiction
hear cases within specific boundaries
