Chapter 7 notes pt. 1 Flashcards
What are the functions of the courts?
- due process or crime control in the courts
- rehabilitation function
- bureaucratic function
a court is a place where _________ are settled.
arguments
What is the due process function of the courts?
The due process function of the courts is to protect individuals from the unfair advantages that the government with its immense resources automatically enjoys in legal battles.
What is the crime control function of the courts?
The crime control function of the courts emphasizes punishment and retribution-criminals must suffer for the harm done to society, and it’s the courts’ responsibility to see that they do so.
Crime control, due process, and rehabilitation functions of a court are secondary to its ___________ function.
bureaucratic
Like any bureaucracy, a court is concerned with _____ and __________, and loftier concepts such as justice can be secondary.
speed
efficiency
The _______ ________ function of American courts is to protect ________ from the unfair advantages that the govenrmnt enjoys during legal proceedings.
due process
individuals
In contrast the _______ ________ function of the courts emphasizes punishment-criminals must suffer for th eharm they do to _______.
crime control
society
A third view of the court system focuses on the need to _________ a criminal, in much the same way as a doctor would treat a patient.
rehabilitate
In latin, Juris means “____”, and diction means “___ _____”
law
to speak
the authority of a court to hear and decide cases within an area of the law or a geographic territory
jurisdiction
true or false: generally, a court can exercise its authority only over residents of a certain area
true
the process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction’s criminal law to the second jurisdiction
extradition
lower courts are also known as, _______ ___ _______ _________
courts of limited jurisdiction
Courts of limited jurisdiction (aka lower courts), handle what type of crimes?
misdemeanors and civil matters under certain amount (usually $1,000).
Under what law does the U.S. military has jurisdiction over active personnel who commit crimes, even if those crimes occur outside the course of duty?
Uniform Code of Military Justice
courts in which most cases usually begin and in which question of fact are examined
trial courts
trial courts are primarily concerned with questions of _____.
fact
What are trial courts designed to do?
Determine exactly what events occurred that are relevant to questions of the defendant’s guilt or innocence
courts that review decisions made by lower courts, such as trial courts
appellate courts
Appellate courts are concerned with questions of ______.
law
Appellate courts normally accept the facts as established by the _____ _____.
trial court
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
dual court system
Generally, federal courts preside over cases involving violations of ________ law.
federal
Generally, state courts preside over cases involving violations of ______ law.
state
the situation that occurs when two or more courts have the authority to preside over the same criminal case
concurrent jurisdiction
True or False: You can only receive a trial in a federal court or state court
false; in rare instances, a defendant will receive two trails for the same criminal activity, one in federal court and one in state court.
Before any court can hear a case, it must have _______ over the persons involved or the _______ ________ of the dispute.
jurisdiction
subject matter
Almost every case begins in a ________ court, which is primarily concerned with determining the facts of the dispute.
trial
After this first trial, the participants can, under some circumstances, ask an ________ court to review the proceedings for errors in applying the law.
appellate
The American court system is called a ________ court system because _______ courts address violations of federal law and _______ dcourts address violations of state law.
dual
federal
state
Define jurisdiction and contrast geographic and subject-matter jurisdiction.
Jurisdiction relates to the power of a court to hear a particular case. Courts are typically limited in geographic jurisdiction Some courts are restricted in subject matter, such as a small claims courts, which can hear only cases involving civil matters under a certain monetary limit.
Explain the difference between trial and appellate courts.
trial courts are courts of the first instance, where a case is first heard. Appellate courts review the proceedings of a lower court. Appellate courts don’t have juries.
