Chapter 7 notes pt. 1

Question 1

What are the functions of the courts?

Answer 1

1. due process or crime control in the courts
2. rehabilitation function
3. bureaucratic function

Question 2

a court is a place where _________ are settled.

Answer 2

arguments

Question 3

What is the due process function of the courts?

Answer 3

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.

Question 4

What is the crime control function of the courts?

Answer 4

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.

Question 5

Crime control, due process, and rehabilitation functions of a court are secondary to its ___________ function.

Answer 5

bureaucratic

Question 6

Like any bureaucracy, a court is concerned with _____ and __________, and loftier concepts such as justice can be secondary.

Answer 6

speed

efficiency

Question 7

The _______ ________ function of American courts is to protect ________ from the unfair advantages that the govenrmnt enjoys during legal proceedings.

Answer 7

due process

individuals

Question 8

In contrast the _______ ________ function of the courts emphasizes punishment-criminals must suffer for th eharm they do to _______.

Answer 8

crime control

society

Question 9

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.

Answer 9

rehabilitate

Question 10

In latin, Juris means “____”, and diction means “___ _____”

Answer 10

law

to speak

Question 11

the authority of a court to hear and decide cases within an area of the law or a geographic territory

Answer 11

jurisdiction

Question 12

true or false: generally, a court can exercise its authority only over residents of a certain area

Answer 12

true

Question 13

the process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction’s criminal law to the second jurisdiction

Answer 13

extradition

Question 14

lower courts are also known as, _______ ___ _______ _________

Answer 14

courts of limited jurisdiction

Question 15

Courts of limited jurisdiction (aka lower courts), handle what type of crimes?

Answer 15

misdemeanors and civil matters under certain amount (usually $1,000).

Question 16

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?

Answer 16

Uniform Code of Military Justice

Question 17

courts in which most cases usually begin and in which question of fact are examined

Answer 17

trial courts

Question 18

trial courts are primarily concerned with questions of _____.

Answer 18

fact

Question 19

What are trial courts designed to do?

Answer 19

Determine exactly what events occurred that are relevant to questions of the defendant’s guilt or innocence

Question 20

courts that review decisions made by lower courts, such as trial courts

Answer 20

appellate courts

Question 21

Appellate courts are concerned with questions of ______.

Answer 21

law

Question 22

Appellate courts normally accept the facts as established by the _____ _____.

Answer 22

trial court

Question 23

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

Answer 23

dual court system

Question 24

Generally, federal courts preside over cases involving violations of ________ law.

Answer 24

federal

Question 25

Generally, state courts preside over cases involving violations of ______ law.

Answer 25

state

Question 26

the situation that occurs when two or more courts have the authority to preside over the same criminal case

Answer 26

concurrent jurisdiction

Question 27

True or False: You can only receive a trial in a federal court or state court

Answer 27

false; in rare instances, a defendant will receive two trails for the same criminal activity, one in federal court and one in state court.

Question 28

Before any court can hear a case, it must have _______ over the persons involved or the _______ ________ of the dispute.

Answer 28

jurisdiction

subject matter

Question 29

Almost every case begins in a ________ court, which is primarily concerned with determining the facts of the dispute.

Answer 29

trial

Question 30

After this first trial, the participants can, under some circumstances, ask an ________ court to review the proceedings for errors in applying the law.

Answer 30

appellate

Question 31

The American court system is called a ________ court system because _______ courts address violations of federal law and _______ dcourts address violations of state law.

Answer 31

dual
federal
state

Question 32

Define jurisdiction and contrast geographic and subject-matter jurisdiction.

Answer 32

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.

Question 33

Explain the difference between trial and appellate courts.

Answer 33

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.