Chapter 7 notes pt. 2 Flashcards
list the courts in the state court systems.
- lower courts, or courts of limited jurisdiction
- trial courts, of general jurisdiction’
- appellate courts
- the state’s highest courts
lower courts are also known as courts of _______ ________.
limited jurisdiction
Outline the several levels of a typical state court system.
A. at the lowest level are courts of limited jurisdiction
B. next are trial courts of general jurisdiction
C. then appellate courts, and
D. finally, the state’s highest court
Courts of limited jurisdiction can also be responsible for the preliminary stages of _____ cases.
felony
a public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant
magistrates
magistrates courts have the same limited jurisdiction as do ______ courts in ______ settings.
justice
rural
In most jurisdictions, magistrates are responsible for what?
Providing law enforcement agents with search and seizure warrants
lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence.
speciality courts
List the types of courts in the speciality courts and define them.
- Drug courts, which deal only with illegal substances crimes
- Gun courts, which have jurisdiction over crimes that involve the illegal use of firearms
- Juvenile Courts, which specialize in crimes committed by minors
- Domestic courts, which deal with crimes of domestic violence, such as child and spousal abuse
- Mental health courts, which focus primarily on the treatment and rehabilitation of offenders with mental health problems
speciality courts offer a range of __________ options for wrongdoers.
treatment
True or False: speciality courts are becoming increasingly popular in today’s more budget conscious criminal justice system.
True
state trial courts that have general jurisdiction may be called what other type of courts?
- county courts
- district courts
- superior courts
- circuit courts
Every state has at least ___ court of appeals.
1
The highest appellate court in a state is usually called the _________ ______. Except in both New York and Maryland, the highest state court is called the court of ________.
Supreme Court
appeals
When can the Supreme Court overrule a decision made by a state’s highest court?
When issues pertaining to federal law or the Constitution are involved
state court systems include several levels of courts: lower courts, or courts of ________ jurisdiction, hear only cases involving minor criminal matters or narrowly defined areas of crime such as domestic violence.
limited
Trial courts of ________ jurisdiction hear cases involving many different subject matters.
general
The state courts of ________ make the final decisions on all questions of state law.
appeals
What is the three-tiered structure in the federal court system?
- U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction
- U.S. courts of appeals (intermediate courts of appeals)
- The U.S. Supreme Court
these are the courts in which cases involving federal laws begin, and a judge or jury decides the case (if it’s a jury trial)
U.S. District Courts
There are ___ U.S. courts of appeals, aka U.S. Circuit Courts of appeals.
13
The decisions of the circuit courts of appeals are final unless?
A further appeal is pursued and granted
The Supreme Court “makes” criminal justice policy in what two important ways?
- Judicial Review
2. Its authority to interpret law
the power of a court-particularly the U.S. Supreme Court to review the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional
judicial review
true or false: most cases originate at the Supreme Court level
false; only rarely does a case originate at the Supreme Court level
Most of the U.S. Supreme Court’s work is at an _________
court.
appellate
a request from a higher court asking a lower court asking a lower court for the record of a case
writ of certiorari
The denial of the writ of certiorari has no value as a __________.
precedent
The court will not issue a writ unless at least four justices approve of it, this is called ______ of _____.
rule of four
a rule of the U.S. 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
rule of four
the verbal arguments presented in person by attorneys to an appellate court
oral arguments
after oral arguments the justices discuss the case in __________.
conference
What is a conference?
the conference is strictly private-only the justices are allowed in the room
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 decisions was made
concurring 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
dissenting opinions
The lowest tier of the federal court system contains U.S. __________ courts, also known as federal trial courts.
district
Appeals from this lower tier are heard in the thirteen U.S. __________ court of appeals.
circuit
A decision handed down by a court in this second tier is final unless the United States _________ Court issues a writ of __________, indicating that is has agreed to review the case.
Supreme
certiorari
