Chapter 9 Flashcards
America has a ____ court system
Dual
The 2 components of our dual court system are…
- ) Federal court system
2. ) Sate court system
The federal court system is made of what 3 courts?
- ) Federal courts
- ) U.S courts of appeal
- ) U.S Supreme court
The state court system is composed of what 3 courts?
- ) Trial courts
- ) Appellate courts
- ) State supreme court
The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constituion
Jurisdiction
The act in 1789…
Federal Judicial court act
Which state has their supreme court as their lowest (trail) court?
New York
The lawful authority of a court to hear or to act on a case from its beginning and to pass judgement on the law and the facts
Original Jurisdiction
The authority found in original jurisdiction may be over a ______ ________ area or over particular types of cases
Specific geographic
The lawful authority of a court to review a decision made by a lower court
Appellate jurisdiction
The court authorized by law to hear the final appeal on a matter
State appellate court
How many of the “highest appellate” courts does TX have?
2
What are the two “highest appellate” courts that TX has?
1 for criminal cases
1 for civil cases
Informal hearing places designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court
Dispute resolution centers
A low-level court that focuses on quality-of-life crimes that erode a neighborhood’s morale
Community court
Community court emphasizes…
Problem solving rather than punishment
What 2 restorative principles do community courts build on?
- ) Community service
2. ) Restituion
A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry
Specialized court
- Trial courts of the federal court system
- Includes bankruptcy court
U.S. district courts
Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies
U.S Court of appeals
Greatest authority lies in its capacity for judicial review of lower-court decisions and state and federal statutes
U.S. Supreme court
Issued to a lower court when the supreme court agrees to hear a case
Writ of certiorari
People that function in and out of court
- ) Judge
- ) Prosecution
- ) Defense counsel
- ) Bailiff
- ) Clerk of court
- ) Stenographer or court reporter
- ) Expert witness
Who…
- Ensures justice
- Is elected or appointed public offcial
Judge
7 responsibilities of a judge
- ) Ruling on most matters of the law
- ) Weighing objections
- ) Deciding the admissibility of evidence
- ) Sentencing offenders
- ) Disciplining disorderly courtroom attendees
- ) Deciding guilt or innocence for bench trials
- ) Role of sentencing guidelines
A trial that has no jury and the evidence and decision is determined by the judge only
Bench trial
These guidelines were quantify to put into range a possible sentencing
Sentencing guidelines
- Nominated by president
- Confirmed by senate
Federal Judges
- Popular election
- Gubernatorial appointment
- Missouri Plan
State judge
Hybrid between an election and jury process
Missouri Plan
An attorney whose official duty is to conduct criminal proceedings on behalf of the state of the people against those accused of having committed criminal offenses
Persecutor
Persecutor’s responsibilties
- Supervise staff of assistant district attorneys
- Serves as quasi-legal adviser to police
- File appeals on behalf of the state
- Make presentations to parole baords
Prosecutors have a lot of…..
Discretion
Generally must be present at their trials
Defendant
Defendants exercise choice in in what 6 areas
- ) Selecting and retaining counsel
- ) Planning a defense strategy with counsel
- ) What information is provided to counsel
- ) What plea to enter
- ) Whether or not to testify
- ) If convicted should they appeal
A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law
Defense counsel
When the defendants want to defend themselves, and file their own motions and appear without counsel
Pro Se defenses
- ) Assigned counsel
- ) Public defender
- ) Contractual arrangements
Are 3 different…
Ways to obtain representation
Eyewitness, character witness, or other person called on to testify who is not considered an expert
Lay witness
What do lay witnesses provide?
Accurate testimony concerning only those things of which he or she has direct knowledge
Requires that those who are just witnesses leave the courtroom to keep their testimonies pure
Invoking the rule
Offer services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law
Victim assistance programs
A statement read to the judge by the victim to convey how the crime impacted the victim personally for input
Impact statements
- 1215 Magna Carta
- Article 3 of the US Constitution
- 6th Amendment guarantees the right to trials by impartial jurt in the US
Juries
A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law
Juror
Grand juries wear…
2 hats
What are the grand juries 2 hats?
Investigative and charging
Reason cases are not _____ in grand jury
Public
