CJ Quiz 6 (Chap 7) Flashcards
Prosecutors are normally employees of who?
The county
Where do prosecutors practice law?
In a state
What are courts that have jurisdiction over misdemeanors and conduct preliminary investigations of felony charges?
State courts of limited jurisdiction
States can name courts whatever they like?
True
What does New York call a felony court?
The supreme court
What are other names for state courts of limited jurisdiction?
municipal courts, county courts, district courts, and metropolitan courts.
What do courts of limited jurisdiction handle?
1) misdemeanors
2) Criminal infractions
3) violations of municipal ordinances
4) traffic violations
5) civil suits ($1,000 or less)
Types of specialized courts
1) Drug Courts
2) Mental Health Courts
3) Community Courts
4) Domestic Violence
5) Gun Courts
6 features of Specialized Courts
1) Outcomes are elevated above process
2) Judicial monitoring is critical
3) Informed decision making is necessary
4) Collaboration
5) Nontraditional roles
6) Systemic change
Courts of general jurisdiction
State or federal courts that have jurisdiction over felony offenses and more serious civil cases
Appellate court
A court that reconsiders a case that has already been tried to determine whether the measures used complied with accepted rules of criminal procedure and were in accordance with constitutional doctrines.
What are other names for Courts of general jurisdiction?
1) felony
2) superior
3) Supreme
4) county
5) circuit courts
What cases do general jurisdiction take?
murder, rape, and robbery, civil cases ($10,000)
Do appellate courts try cases?
No, they only review cases to determine if an error was made by judicial authorities
Does every state have one court of last resort?
No, Oklahoma and Texas have two
What court handles the final appeal on a matter.
The court of last resort
What is the official court of last resort for criminal matters?
Supreme court
Where is the legal basis for an independent federal court system found?
Article 3, Section 1, of the US Constitution.
What are the three tiers of the federal courts of jurisdiction?
1) US district courts
2) US courts of appeals
3) US Supreme Court
When were US district courts organized?
Judicial Act of 1789
What is it called when an order of a superior court requesting that the record of an inferior court be brought forward for review or inspection?
Writ of certiorari
What is it called when a decision is handed down by the US supreme court that becomes the law of the land and serves as a precedent for resolving similar legal issues?
landmark decision
How many justices must vote for a writ of certiorari?
4 out of 9
what is the primary duty of the judge?
To oversee the trial process
What is it called when the process of deciding a case by a group of persons selected and sworn in serve as jurors at a criminal trial, often as a 6 or 12 person group?
Jury Trial
What does a judge do in a jury trial?
What evidence should be examined or ignored, pertinent points of law and evidence
Who appoints a federal judge?
The president advised and consented by the Senate
A federal trial judge who is appointed by a district court judge and who presides over various civil cases with the consent of the parties and over certain misdemeanor cases.
US magistrate judge
Are there formal qualifications for federal judges?
NO
What are qualifications for state level judges?
1) resident of state
2) licensed to praactice law
3) member of state bar association
4) at least 25 but not older than 70
Method of picking judges through nonpartisan elections as a way to ensure that judges adhere to high standards of judicial performance
Missouri Plan
Can judges run with a political affiliation?
Yes
Who does the prosecutor represent?
the state or people
Who appoints a federal prosecutor and what are they called?
The president/ US attorneys
when charges are dropped because conditions are not favorable for a conviction?
nolle prosequi
