CRJ 432 Flashcards
Key Terms and Concepts for CH1
appellant
the party appealing
appelle
the party against whom an appeal is filed
bench trial
a trial in which a judge sits without a jury
binding authority
a decision that establishes a precedent
brief
a written legal argument submitted to an appellate court; also, to write a summary of a case
certiorari
a decision to hear and appeal
collateral attack
a constitutional challenge by individuals who have been convicted and incarcerated and have exhausted their state appeals
common law
judge-made law brought from England to the U.S
concurrent jurisdiction
the joint authority of federal and state courts over certain areas of CJ
concurring opinion
an opinion by a judge supporting a majortiy of dissenting opinion, typically based on other grounds
contextualism
a broad approach to interpreting constitutional texts that focuses on interpreting the document in light of current developments
courts of general jurisdiction
courts that hear more serious criminal and civil cases
courts of limited jurisdiction
courts with jurisdication over a narrow range of cases
courts of original jurisdication
courts with a jurisdiction over a broad range of cases
discretion
the exercise of judgement by a decision maker in the criminal justice system
discretionary appeal
an appeal that an appellate court may review or decline to review at it’s discretion
dissenting opinion
an opinion by a judge disagreeing with the majority of judges
en banc
the entire court
Federal Rules of Criminal Procedure
detailed rules for criminal procedure drafted by federal judges and approved by congress
first impression
an issue that has never before been decided by a court
Gerstein hearing
a hearing to determine whether police possesed probable cause for an arrest
indictment
an accusation of criminal activity returned by a grand jury
information
a document signed by a prosecutor charging an individual with a crime
intermediate appellate courts
courts between municipal courts and Supreme courts
judicial activism
the philosophy that courts should play a role in creating social policy
judicial restraint
the philosophy that elected officials rather than courts should make social policy
magistrate
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
majority opinion
the decision of a majortiy of the judges on a court
misdemeanor
a crime carrying a criminal penalty of less than a year in prison
nolle prosequi
a declaration made to the judge by a prosecutor dismissing the case against the defendant
original jurisdication
the first court to hear a case
originalist
a judge who follows the intent of the framers of the U.S. Constitution
per curiam
an opinion of an entire court without any single judge being identified as the author
persuasive authority
a decision that does not constitute a binding authority but that a court may consult to assist in making a judgement
petitioner
an individual filing a collateral attack on a verdict following the exhaustion of direct appeals
plurality opinion
a judicial opinion that represents the views of the largest number of judges on a court, short of a majority
precedent
a judicial opinion that controls the decisions of a court presented with the same issue
respondent
an individual against whom a collateral attack is directed
rule of four
four supreme court judges are required to vote to hear a case
stare decisis
the practice of following the precedent set by previous court decisions
trial de novo
a new trial before a different court
ADD TRIAL PROCESS AND EXAMPLES
BY 9/3
