cj 2 Flashcards
TRIAL COURTS
Trial courts have jurisdiction over pretrial matters, trials, sentencing, probation matters, and parole violations. Trial courts deal with facts. Trial courts determine guilt and impose punishment.
APPELLATE COURTS
Reviews the decisions of the trial courts.
PARRELL COURT SYSTEM
Each state has two systems, the state system and the existing federal system.
DUAL COURT SYSTEM
he state/federal court structure is referred to as the dual court system
STATE CRIMES
created by state legislatures, are prosecuted in state courts which are concerned primarily with applying state law
Federal crimes
created by Congress, are prosecuted in the federal courts which are concerned primarily with applying federal law
UNITED STATES DISTRICT COURTS
Are the main trial courts in the federal court system
UNITED STATES MAGISTRATE COURTS
U.S. Magistrate Courts are courts of limited jurisdiction in the federal court system
UNITED STATES SUPREME COURT
The United States Supreme Court (SCOTUS) is located in Washington, D.C. ⩥ Highest appellate c
WRIT OF CERTIORARI
The Court has discretion over which cases are brought up ⩥ The cases come from state supreme courts & federal appeals courts ⩥ 4 Justices (out of 9) must agree to accept and review a case ⩥ This is known as the Rule of Four ⩥ Once accepted, the Court issues a Writ of Certiorari and lists the case
STATE COURT
Each state has its independent judicial system
PRINCIPLE OF ORALITY
The principle of orality requires that the trier of fact (generally the jury) consider only the evidence that was developed, presented, and received into the record during the trial
Bench Trial:
when the defendant waives a jury trial, the judge sits as the sole “trier of fact”
Jury Trial:
When the defendant elects a jury trial, the jury decides the facts
Concurring Opinion:
an opinion in support of the lower court
