CRJ 432

Question 1

appellant

Answer 1

the party appealing

Question 2

appelle

Answer 2

the party against whom an appeal is filed

Question 3

bench trial

Answer 3

a trial in which a judge sits without a jury

Question 4

binding authority

Answer 4

a decision that establishes a precedent

Question 5

brief

Answer 5

a written legal argument submitted to an appellate court; also, to write a summary of a case

Question 6

certiorari

Answer 6

a decision to hear and appeal

Question 7

collateral attack

Answer 7

a constitutional challenge by individuals who have been convicted and incarcerated and have exhausted their state appeals

Question 8

common law

Answer 8

judge-made law brought from England to the U.S

Question 9

concurrent jurisdiction

Answer 9

the joint authority of federal and state courts over certain areas of CJ

Question 10

concurring opinion

Answer 10

an opinion by a judge supporting a majortiy of dissenting opinion, typically based on other grounds

Question 11

contextualism

Answer 11

a broad approach to interpreting constitutional texts that focuses on interpreting the document in light of current developments

Question 12

courts of general jurisdiction

Answer 12

courts that hear more serious criminal and civil cases

Question 13

courts of limited jurisdiction

Answer 13

courts with jurisdication over a narrow range of cases

Question 14

courts of original jurisdication

Answer 14

courts with a jurisdiction over a broad range of cases

Question 15

discretion

Answer 15

the exercise of judgement by a decision maker in the criminal justice system

Question 16

discretionary appeal

Answer 16

an appeal that an appellate court may review or decline to review at it’s discretion

Question 17

dissenting opinion

Answer 17

an opinion by a judge disagreeing with the majority of judges

Question 18

en banc

Answer 18

the entire court

Question 19

Federal Rules of Criminal Procedure

Answer 19

detailed rules for criminal procedure drafted by federal judges and approved by congress

Question 20

first impression

Answer 20

an issue that has never before been decided by a court

Question 21

Gerstein hearing

Answer 21

a hearing to determine whether police possesed probable cause for an arrest

Question 22

indictment

Answer 22

an accusation of criminal activity returned by a grand jury

Question 23

information

Answer 23

a document signed by a prosecutor charging an individual with a crime

Question 24

intermediate appellate courts

Answer 24

courts between municipal courts and Supreme courts

Question 25

judicial activism

Answer 25

the philosophy that courts should play a role in creating social policy

Question 26

judicial restraint

Answer 26

the philosophy that elected officials rather than courts should make social policy

Question 27

magistrate

Answer 27

a lawyer who serves an eight year term in a U.S. district court to issue search warrants, conduct preliminary hearings, and rule on pre-trial motions

Question 28

majority opinion

Answer 28

the decision of a majortiy of the judges on a court

Question 29

misdemeanor

Answer 29

a crime carrying a criminal penalty of less than a year in prison

Question 30

nolle prosequi

Answer 30

a declaration made to the judge by a prosecutor dismissing the case against the defendant

Question 31

original jurisdication

Answer 31

the first court to hear a case

Question 32

originalist

Answer 32

a judge who follows the intent of the framers of the U.S. Constitution

Question 33

per curiam

Answer 33

an opinion of an entire court without any single judge being identified as the author

Question 34

persuasive authority

Answer 34

a decision that does not constitute a binding authority but that a court may consult to assist in making a judgement

Question 35

petitioner

Answer 35

an individual filing a collateral attack on a verdict following the exhaustion of direct appeals

Question 36

plurality opinion

Answer 36

a judicial opinion that represents the views of the largest number of judges on a court, short of a majority

Question 37

precedent

Answer 37

a judicial opinion that controls the decisions of a court presented with the same issue

Question 38

respondent

Answer 38

an individual against whom a collateral attack is directed

Question 39

rule of four

Answer 39

four supreme court judges are required to vote to hear a case

Question 40

stare decisis

Answer 40

the practice of following the precedent set by previous court decisions

Question 41

trial de novo

Answer 41

a new trial before a different court

Question 42

ADD TRIAL PROCESS AND EXAMPLES

Answer 42

BY 9/3