Courts 10a Flashcards

0
Q

Area from which a court can draw appeals

A

Appellate jurisdiction

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1
Q

Court that reviews a lower courts decision

A

Appeals

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2
Q

Lowest court in any given jurisdiction

A

Circuit court

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3
Q
  • has a separate court system from the state court system
  • powers for each court come from the constitution of the United States and federal laws
  • these are the highest courts in the United States!!!
A

Dual Court System

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4
Q
  • highest person in the court: judge
  • determines the verdict: jury
  • powers ~
    - original jurisdiction over matters involving
    federal and military matters
    - original jurisdiction over matters involving
    the U.S. Constitution
A

U.S District Court

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5
Q
  • highest person in the court: justices {7}
  • determines the verdict: justices
  • powers ~
    - appeals from U.S District Court
A

U.S Court Of Appeals

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6
Q
  • highest court in U.S
  • determines the verdict: justices {9}
  • powers ~
    - appeals from a courts, state and federal
    - jurisdiction over matter involving us
    constitution and federal laws
A

U.S Supreme Court

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7
Q

the area where a case originates

A

Original jurisdiction

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8
Q

Area in a courts power

A

District

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9
Q

Courts officer with the power to enforce laws

A

Magistrate

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10
Q

A document that requires a person to appear in court to testify

A

Subpoena

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11
Q

A notice to appear in court

A

Summons

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12
Q
  • has a separate court system from the untied states court system
  • powers for each court come from the Virginia constitution and state laws
  • people in the court ~
    Judge, jury, lawyers, defendant, magistrate
A

Virginia dual court system

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13
Q

Issue search warrant, subpoenas, arrest warrants, summons, and issue bail

A

Magistrate

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14
Q
  • highest person in court: judge
  • determines verdict: judge
  • powers ~
    Any juvenile and family related cases
A

Juvenile/Domestic Relations Court of Hampton

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15
Q
  • highest person in court: judge
  • determines verdict: judge
  • powers ~
    Original jurisdiction of misdemeanors
    Civil cases less than $1,000
A

General District Court Of Hampton

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16
Q
  • highest person in court: judge
  • determines verdict: jury
  • powers ~
    Original jurisdiction for felony crimes and civil cases over $1,000
    Appeals from district courts
A

Circuit Court Of Hampton

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17
Q
  • highest person in court: judges
  • determines verdict: judge
    -powers ~
    Appeals from circuit court
    Not a trial court
A

Court Of Appeals Of Virginia

18
Q
  • highest person in court: justices
  • determines verdict: judge
    -powers ~
    Court of final appeal in Virginia
    Limited jurisdiction on cases involving state laws and VA government officials
A

Virginia Supreme Court

19
Q

Cases not involving crimes but people, personal in nature {money, lawsuits}

A

Civil case

20
Q

Money given for repayment of an action

A

Compensation

21
Q

The party who defends against a case in court

A

Defendant

22
Q

Person brining charges against the defendant in court

A

Plaintiff

23
Q

In a ____ ____, a court settles a disagreement between two parties to recover damages or receive compensation

A

Civil case

24
Q

Both ____ and the ______ can sue each other!

A

Plaintiff, defendant

25
Q
  • plaintiffs filed a complaint for damage or losses
  • case is heard by judge with or without a jury
  • case is appealed to court of appeals, then Supreme Court of state, the U.S. Supreme Court
A

Civil procedure

26
Q

A case involving a felony or misdemeanor

A

Criminal case

27
Q

A crime less serious that usually doesn’t carry jail time {Ex- traffic tickets}

A

Misdemeanor

28
Q

A serious crime that usually carries a long jail sentence {Ex- murder}

A

Felony

29
Q

Court hearing where the defendant is formally charged with a crime

A

Arraignment

30
Q

Having a valid reason to search someone or their property

A

Probable cause

31
Q

Money given to release a person from jail

A

Bail

32
Q

Guilty or not guilty, also no contest

A

Plea

33
Q

◦ A court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor of felony
◦ Judge is the highest person
◦ Jury decides the verdict

A

Criminal cases

34
Q

◦ Person is accused of crime, arrested
◦ Accused may go to jail if bail is not set or denied
◦ Case goes to arraignment for review of probable cause
◦ Defendant is appointed a lawyer or may secure one themselves
◦ Plea is entered
◦ Court date is set
◦ Trial is conducted
◦ Appeals may be made to Court of Appeals or directly to the U.S Supreme Court in some cases.

A

Criminal procedure

35
Q

guaranteed rights to all Americans concerning prosecution and trials

A

Due Process

36
Q

not allowing something to happen

A

Prohibits

37
Q
  • Prohibits the national government from acting in an unfair manner
  • They cannot take away your rights as an American citizen.
A

5th Amendment Due Process

38
Q
  • Prohibits the state and local government from acting in an unfair manner
  • They cannot take away your rights as an American citizen.
  • Due Process applies to all rights in the Bill of Rights. YOU GET ALL THESE RIGHTS IF YOU ARE A CITIZEN!!! REGARDLESS OF THE CRIME!
A

14th Amendment Due Process

39
Q

case established judicial review

A

Marybury v. Madison

40
Q

meaning only the US Constitution can dictate what the laws for the US will be

A

Supreme law of the land

41
Q

right of the US Supreme Court to review cases, laws, actions, or anything else to determine if its right or wrong.

A

Judicial review

42
Q
  • _________________ IS SUPREME!!!
    ◦State constitutions must conform to the U.S Constitution
    ◦State laws must conform to state constitution
    ◦THEREFORE: any law that is supported by the state constitution but conflicts with the U.S Constitution can be considered under judicial review
    ◦AND….the actions of the governor and president can be reviewed as well
A

U.S. Constitution & judicial review