Chapter 7 - Courts and the Quest for Justice Flashcards
jurisdiction
the authority of a court to hear and decide cases within an area of the law or a geographic territory
concurrent jurisdiction
the situation that occurs when two or more courts have the authority to preside over the same criminal case
extradition
the process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction’s criminal law to the second jurisdiction
trial courts
courts in which most cases usually begin and in which questions of fact are examined
appellate courts
courts that review decisions made by lower courts, such as trial courts; also known as courts of appeals
opinions
written statements by the judges expressing the reasons for the court’s decision in a case
dual court system
the separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level
magistrate
a public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant
problem-solving courts
lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence
judicial review
the power of a court - particularly the United States Supreme Court - to review the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional
Writ of Certiorari
a request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court’s willingness to review the case
rule of four
a rule of the Untied States Supreme Court that the court will not issue a writ of certiorari unless at least four justices approve of the decision to hear the case
oral arguments
the verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons why the court should rule in his or her client’s favor
concurring opinions
separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made
dissenting opinions
separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case
docket
the list of cases entered on a court’s calendar and thus scheduled to be heard by the court
partisan elections
elections in which candidates are affiliated with and receive support from political parties
nonpartisan elections
elections in which candidates are presented on the ballot without any party affiliation
Missouri plan
a method of selecting judges that combines appointments and election
courtroom work group
the social organization consisting of the judge, prosecutor, defense attorney, and other court workers
public prosecutors
individuals, acting as trial lawyers, who initiate and conduct cases in the government’s name and on behalf of the people
attorney general
the chief law officer of a state; also, the chief law officer of the nation
defense attorney
the lawyer representing the defendant
public defenders
court-appointed attorneys who are paid by the state to represent defendants who are unable to hire private counsel
attorney-client privilege
a rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure
