Chapter 9

Question 1

No lo contendre

Answer 1

No contest: same as pleaing guilty, abbot be used against you in a civil suit

Question 2

Justice of a peace court

Answer 2

Not promised of a judge but justice of peace; hear local cases, issue arrest/search warrants set bail arraignments handle small civil cases

Question 3

Problem with justice of peace

Answer 3

Minimal legal training

- don’t have to be an attorney

Question 4

Tehan v. U.S. X rel Scott

Answer 4

US Supreme Court decided in 1966 that the basic purpose of a trial is the discrimination of truth

Question 5

Adversarial system

Answer 5

Local system wherein there is a contest between two opposing sides with a judge sitting as an impartial arbiter seeking truth
- cross examination of a witness

Question 6

Justice in the eye of the. Beholder

Answer 6

Whether or not justice is done in the courtrooms depends on the interests or view points of the affected or interests; a victim may not agree with a juries verdict

Question 7

Administration

Answer 7

Marshall of the court supervisors building operations; supervising staff of 30 under the guidance of Chief Justice

Question 8

Appeal

Answer 8

After conviction defendant may challenge outcome potential grounds for appeal

• legal error
• juror misconduct
• ineffective council
• lack of sufficient evidence to support guilty verdict

Question 9

Punishments

Answer 9

• incarceration
• probation
• fines
• restitution
• community service

Question 10

Jury trials

Answer 10

Many believe the jury system to be the most sacred aspect of our criminal justice system

Question 11

Trial protocols

-Order important

Answer 11

Opening statements

• prosecutions case
• motion to dismiss
• defense case
• prosecution rebuttals
• closing arguments
• jury instructions
• jury deliberations and verdict
• post trial motions

Question 12

Baker v. Wingo

Answer 12

Suprem court never ruled any time limit applies

• length of delay
• reason for the delay
• time and manner in which the defendant has asserted his right
• degree of predjudice to the defendant which the delay has caused

Question 13

Federal court of appeals

Answer 13

The four tiered federal system that includes

• Supreme Court
• circuit court
• district court
• magistrate court

Question 14

District court

Answer 14

County state or federal level trial courts with general and original jurisdiction

Question 15

Standing

Answer 15

A legal doctrine requiring that one must not be a party due to a lawsuit unless he has a personal stake in its outcome

Question 16

US Supreme Court

Answer 16

The court of last resort I. The united states highest appellate court, consists of 9 judges who are appointed for life

Question 17

Causation

Answer 17

A link between ones act and the injuries act or crime, such as one tossing a match in a forest and igniting a deadly fire

Question 18

Court of last resort

Answer 18

The last court that may hear a case at the state or federal level

Question 19

Discovery

Answer 19

Procedure where prosecution and defense exchange and share information as to witnesses to be used
Based on Brady V. Maryland 1963

Question 20

Pretrial motions

Answer 20

Any number of motions filed by prosecutors and defense attorneys prior to trial

Question 21

Plea negotiation or bargaining

Answer 21

A preconviction process between the prosecutor and the accused in which a plea of guilty is given by the defendant with certain specified consideration in return having counts tossed out, plea for leniency or shorter sentence

Question 22

Grand jury

Answer 22

A body that hears evidence and determine probable cause regarding crimes and can return formal charges against suspects

Question 23

Arraignment

Answer 23

A criminal court proceeding where a formally charged defendant is informed of the charges and asked to enter a formal plea of guilty or not guilty

Question 24

Preliminary hearing

Answer 24

A stage in the criminal process conducted by a magistrate to determine whether a person charged with a crime should be held for trial based on probable cause
- doesn’t determine guilt or innocence

Question 25

Partisan election

Answer 25

Candidates are represented by a political party

Question 26

Legislative appointment

Answer 26

Selecting a judge

Question 27

Non partisan election

Answer 27

Not biased local elections; not representing a political party

Question 28

Diversion programs

Answer 28

The ability to be used as an intervention strategy for first time offenders who have broken the law and found themselves in the juvenile justice system

Question 29

Sentencing

Answer 29

To declare the punishment for an offender

Question 30

Gubernatorial appointment

Answer 30

``` One way to select a judge 3 primary ways states use this method - choose judge for an initial term - to select a judge to fill an interm -to select a judge to fill midterm vacancy ```

Question 31

Bail

Answer 31

Surety(cash/paperbond) provided by a defendant to gurarentee his/her return to court to answer to criminal charges

Question 32

Initial appearance

Answer 32

A formal proceeding during which the accused is read his/her rights, informed of the charges and given the amount of bail required to secure pretrial release

Question 33

Limited jurisdiction lower courts

Answer 33

Lowest level of state courts are trial courts of limited jurisdiction also known as inferior or lower courts - constitute 85% of all judicial bodies in the US

Question 34

Booking

Answer 34

Clerical procedure for when an arrestee is taken to jail and a record is made of his/her name, address , charges, arresting officers, time and place of arrest, and so on

Question 35

General jurisdiction

Answer 35

The power of a court to hear a particular type of case; also the territory where a court may conduct its work- city county state or federal

Question 36

Dual court system

Answer 36

A term basically meaning there are Both state and federal court systems

Question 37

Trial process

Answer 37

All of the steps in the adjuicatory process from indictment or charge to conviction or acquittal

Question 38

Marbury vs. Madison 1803

Answer 38

On his last night in office Addams appoints 58 judges 4 letters didn't get delivered - 1 letter was to marbury, he sues because he didn't get his job when Madison became president

Question 39

Conferences and workload

Answer 39

Rule of 4 | - if four justices decided to grant, then court will agree to hear the case

Question 40

Circuit courts

Answer 40

Illinois is in the 7th circuit with Indiana and Wisconsin

Question 41

Writ of certiorari

Answer 41

An order from higher court directing a lower court to send the record of a case for review

Question 42

U.S. Supreme courts

Answer 42

The court of last resort in the u.s. Also highest appellate court, consists of 9 judges who are appointed for life - only hears about 100 cases per year

Question 43

Appeal

Answer 43

After conviction the defendant may challenge the outcome

Question 44

4 circumstances that Supreme Court has to hear an appeal

Answer 44

1. ) federal court has held an act of congress has ruled unconstitutional 2. ) when a u.s court of appeals found a state statute unconstitutional 3. ) when state Supreme Court ruled a federal law invalid 4. ) when an indivitual challenge to a state statute on federal constitutional arounds have been upheld by a state Supreme Court

Question 45

Post trial motions

Answer 45

If the jury delivers a guilty verdict the defense will usually ask the judge to override the juries decision and acquit the defendant or grant him a net trial. Motion is almost always denied

Question 46

Speedy trial act 1974

Answer 46

Later amended it originally was em acted to ensure complained with 6th amendment provision for a speedy trial by requiring that a federal case be brought to trial no more than 100 days following the arrest