Chapter 7 Flashcards
Appellate court upholds the lower court’s decision.
Affirm
Authority to hear an appeal from a lower court that has already rendered a decision; reviews the court record from the original trial and does not hear new evidence
Appellate Jurisdiction
An election in which a city or county is treated as a single district and candidates are elected from the district as a whole.
At-Large Election
The standard burden of proof of necessary to find a defendant guilty in a criminal trial; the defendant is presumed innocent.
Beyond a Reasonable Doubt
A case in which an aggrieved party sues for damages claiming that he or she has been wronged by another individual.
Civil Case
The party alleged to have committed the wrong at issue in a civil suit.
Civil Defendant
Monetary damages designed to compensate the injured party.
Compensatory Damages
A system in which different levels of courts have overlapping jurisdiction or authority to try the same type of case.
Concurrent Jurisdiction
An opinion written by a justice who agrees with the decision but not with the reasoning of the court.
concurring opinion
A case in which an individual is charged by the state with violating the laws and the state brings the suit.
Criminal Case
A person charged with committing a crime.
Criminal Defendant
A system that allows voters to take the total number of positions to be selected in a district and concentrate their votes among one or a few candidates
Cumulative Voting
To hear an appeal with a new trial in the absence of an official case record.
De Novo
An opinion written by a justice who disagrees with the decision of the court.
Dissenting Opinion
An appeal that is heard by the entire court of appeals rather than by a select panel of judges.
En Banc
Penal code provision that allows repeat offenders to be charged with a higher-degree offense on subsequent convictions.
Enhanced Penalties
A particular court given the sole right to hear a specific type of case.
Exclusive Jurisdiction
A panel of twelve jurors that review evidence, determines whether there is sufficient evidence to bring a trial, and issues an indictment.
Grand Jury
The advantage enjoyed by the incumbent candidate, or current officeholder, in elections
Incumbency Advantage
A document (bill form) issued by a grand jury that indicates there is enough evidence to warrant a trial.
Indictment
A system in which judicial authority is shared between levels of government.
Judicial Federalism
The court’s sphere of authority.
Jurisdiction
The authority to conduct the preliminary procedures in criminal cases, including issuing search and arrest warrants, conducting preliminary hearings, and setting bail for more serious crimes.
Magistrate Function
The official decision and reasoning of the appellate court.
Majority Opinion
Making a voting choice based on familiarity with or previous recognition of a candidate’s name.
Name Recognition
The authority to hear the initial case
Original Jurisdiction
An opinion issued by the court as a whole. These are not signed by individual justices.
Per Curiam opinon
A trial jury; jurors attend a trial, listen to evidence, and determine whether a defendant is innocent or guilty.
Petit Jury
The party claiming to have been wronged that is bringing a civil suit.
Plaintiff
The burden of proof in a civil case, which is lower than that in a criminal case, plaintiff must show merely that the defendant is likely to have committed the wrong.
Preponderance of Evidence
A lawyer who represents the government and brings a case in criminal trials.
Prosecutor
Larger monetary awards designed to punish the defendant and, perhaps, send a message to the larger society.
Punitive Damages
Appellate court sends the case back to the lower court to be reexamined.
Remand
Appellate court rejects the lower court’s decision
Reverse
Voting for all candidates under a party label by selecting the party.
Straight-Ticket Voting
A court order that requires a prisoner to be brought before the court and informed of the charges against him or her.
Writ of Habeas Corpus
