Chapter 9 Flashcards

1
Q

America has a ____ court system

A

Dual

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2
Q

The 2 components of our dual court system are…

A
  1. ) Federal court system

2. ) Sate court system

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3
Q

The federal court system is made of what 3 courts?

A
  1. ) Federal courts
  2. ) U.S courts of appeal
  3. ) U.S Supreme court
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4
Q

The state court system is composed of what 3 courts?

A
  1. ) Trial courts
  2. ) Appellate courts
  3. ) State supreme court
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5
Q

The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constituion

A

Jurisdiction

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6
Q

The act in 1789…

A

Federal Judicial court act

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7
Q

Which state has their supreme court as their lowest (trail) court?

A

New York

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8
Q

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

A

Original Jurisdiction

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9
Q

The authority found in original jurisdiction may be over a ______ ________ area or over particular types of cases

A

Specific geographic

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10
Q

The lawful authority of a court to review a decision made by a lower court

A

Appellate jurisdiction

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11
Q

The court authorized by law to hear the final appeal on a matter

A

State appellate court

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12
Q

How many of the “highest appellate” courts does TX have?

A

2

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13
Q

What are the two “highest appellate” courts that TX has?

A

1 for criminal cases

1 for civil cases

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14
Q

Informal hearing places designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court

A

Dispute resolution centers

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15
Q

A low-level court that focuses on quality-of-life crimes that erode a neighborhood’s morale

A

Community court

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16
Q

Community court emphasizes…

A

Problem solving rather than punishment

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17
Q

What 2 restorative principles do community courts build on?

A
  1. ) Community service

2. ) Restituion

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18
Q

A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry

A

Specialized court

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19
Q
  • Trial courts of the federal court system

- Includes bankruptcy court

A

U.S. district courts

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20
Q

Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies

A

U.S Court of appeals

21
Q

Greatest authority lies in its capacity for judicial review of lower-court decisions and state and federal statutes

A

U.S. Supreme court

22
Q

Issued to a lower court when the supreme court agrees to hear a case

A

Writ of certiorari

23
Q

People that function in and out of court

A
  1. ) Judge
  2. ) Prosecution
  3. ) Defense counsel
  4. ) Bailiff
  5. ) Clerk of court
  6. ) Stenographer or court reporter
  7. ) Expert witness
24
Q

Who…

  • Ensures justice
  • Is elected or appointed public offcial
A

Judge

25
Q

7 responsibilities of a judge

A
  1. ) Ruling on most matters of the law
  2. ) Weighing objections
  3. ) Deciding the admissibility of evidence
  4. ) Sentencing offenders
  5. ) Disciplining disorderly courtroom attendees
  6. ) Deciding guilt or innocence for bench trials
  7. ) Role of sentencing guidelines
26
Q

A trial that has no jury and the evidence and decision is determined by the judge only

A

Bench trial

27
Q

These guidelines were quantify to put into range a possible sentencing

A

Sentencing guidelines

28
Q
  • Nominated by president

- Confirmed by senate

A

Federal Judges

29
Q
  • Popular election
  • Gubernatorial appointment
  • Missouri Plan
A

State judge

30
Q

Hybrid between an election and jury process

A

Missouri Plan

31
Q

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

A

Persecutor

32
Q

Persecutor’s responsibilties

A
  • 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
33
Q

Prosecutors have a lot of…..

A

Discretion

34
Q

Generally must be present at their trials

A

Defendant

35
Q

Defendants exercise choice in in what 6 areas

A
  1. ) Selecting and retaining counsel
  2. ) Planning a defense strategy with counsel
  3. ) What information is provided to counsel
  4. ) What plea to enter
  5. ) Whether or not to testify
  6. ) If convicted should they appeal
36
Q

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

A

Defense counsel

37
Q

When the defendants want to defend themselves, and file their own motions and appear without counsel

A

Pro Se defenses

38
Q
  1. ) Assigned counsel
  2. ) Public defender
  3. ) Contractual arrangements

Are 3 different…

A

Ways to obtain representation

39
Q

Eyewitness, character witness, or other person called on to testify who is not considered an expert

A

Lay witness

40
Q

What do lay witnesses provide?

A

Accurate testimony concerning only those things of which he or she has direct knowledge

41
Q

Requires that those who are just witnesses leave the courtroom to keep their testimonies pure

A

Invoking the rule

42
Q

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

A

Victim assistance programs

43
Q

A statement read to the judge by the victim to convey how the crime impacted the victim personally for input

A

Impact statements

44
Q
  • 1215 Magna Carta
  • Article 3 of the US Constitution
  • 6th Amendment guarantees the right to trials by impartial jurt in the US
A

Juries

45
Q

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

A

Juror

46
Q

Grand juries wear…

A

2 hats

47
Q

What are the grand juries 2 hats?

A

Investigative and charging

48
Q

Reason cases are not _____ in grand jury

A

Public