exam 1 Flashcards
what is law on the books
legal and structural components of the judiciary, constitutions, regulations
what is law in action
focuses on human factors governing the actual application, police, judges
what are the 8 steps for a criminal prosecution
1.arrest
2.initial appearance
3.preliminary hearing
4.arraignment
5.plea negotiations
6.trial
7.sentencing
8.appeal
characteristics of due process model
liberal, protects rights, advocates social programs aims at reducing crime by reducing poverty
characteristics of crime control model
conservative, goal of eliminating crime, harsh punishment
define substantive law
rule that creates legal obligations/expectations
define procedural law
establishes methods of enforcing obligations
what is adversary law and what does it achieve
guiding assumption is that 2 parties approach the same set of facts from different perspectives; achieves guilt or innocence, keeps sides in control
4 elements that define law
REAL
body of rules
enforced regularly and backed by force of state
enacted by persons authorized
enacted in legitimate manner
what is civil law
disputes between private parties, involves $, burden of proof is by preponderance of the evidence, examples are domestic relations, property, contracts
what is criminal law
crimes or wrongs against person, punished with incarceration, prosecutor has to prove beyond a reasonable doubt, examples are murder, robbery, burglary
what is natural law
basis in higher authority, moral basis law, common to all society, grounded in nature
what is positive law
human made law, changes w circumstances, limited by natural law, conflict w natural law
doctrine that requires to decide a case by applying previous cases
stare decisis
what is stare decisis(precedent)
“let decision stand”, promotes fairness and consistency is judicial decision making
what is jurisdiction
authority or power of a court to decide a dispute
appellate jurisdiction
case goes to app c so they can review what the trial court did
original jurisdiction
power of a court to hear and decide a case for the first time, trial court
concurrent jurisdiction
shared between courts
diversity jurisdiction
suits between residents of different states, more than $75,000
what did art 3 of constitution create
the us supreme c and all other courts as well as the structure
what is writ of certiorari
request that supreme c order a lower c to send up the record of the case for review
what is rule of 4
4 supreme c justices have to agree to hear the case
characteristics of trial courts
original jurisdiction, 1 judge, determine guilt or innocence
characteristics of appellate courts
review the case, no jury, figure out if it has the correct interpretation of law
diagram federal c system
us supreme c
appellate c(us c of appeals)
trial c (us district c)
federal c (military)
diagram state c system
state supreme c, superior c/commonwealth c, common pleas c, magisterial district judges
what is problem solving c
courts aimed to treat the problems that underlie and contribute to certain crimes
ex drug c, domestic violence c, mental health c
2 primary functions of appeals
error correction (interpretation of law)
policy formation (law making)
what is mandatory jurisdiction
required to hear the case
what discretionary jurisdiction
chooses to hear case
reversed disposition
disagree with lower court so they reverse it
affirmed disposition
judgement of the lower court is correct and should stand
remands disposition
case is sent back to the lower c
reversed and remands disposition
case overturned and disagreed, sent back to lower c for further hearing
6 steps of appellate process
1.file notice of appeal
2.appellate c record sent pleadings, transcripts
3.review appellate briefs (written arguments of each side)
4.oral argument
5.written opinion (app c explanation)
6.dispostiion (reversed, remanded, etc)
difference between art 1 and 3 judges
art 1 are nominated by pres and confirmed by senate. art 3 have lifetime appointments
factors of juv c
found delinquent, help child, informal proceedings, proceedings based on civil law, secret proceedings, no jury trial, probation officer from beginning
factors of adult c
called criminal, focuses on punishment, formal, proceedings based on criminal law, open proceedings, have jury trial
3 ways juv might be in system
delinquency, status offenses, need of supervision
factors that determine whether a case should be handled in juv system
age, severity of crime, past offenses
when determining if a case should be transferred to adult what is the first factor a c should consider
a specific waiver must be signed
doctrine that established juv system
parens patrie
what is parens patrie
“state as parent”, progressive efforts sought to change the thinking about children
9 supreme c justices
1 john roberts Cheif GWB
2 clarence thomas GHWB
3 samuel alito GWB
4 sonia sotomayor obama
5 elena kagan obama
6 brett kavanaugh T
7 amy coney barret T
8 neil gorsuch T
9 ketanji brown jackson biden
what is dissenting opinion
explains why they believe their fellow judges reached the wrong conclusion
