exam 4 Flashcards
reflects the state’s need to retain the judicial autonomy separate from the judicial court
dual court system
refers to the cases in which it may exercise lawful authority
jurisdiction
3-tiered structure containing us district courts, us courts of appeal, and us supreme court
federal courts system
3 levels: trial courts, appellate courts, and supreme court
state court system
lawful authority of a court to hear or to act on a case from its beginning and to pass judgment in the law and the facts
may be over a specific geographic area or over particular types of cases
original jurisdiction
the lawful authority of a court to review a decision made by a lower court
appellate jurisdiction
where criminal cases begin. conducts arraignments, sets bail, takes pleas, and conducts trials
state trial courts
authorized to hear misdemeanors, fam disputes, traffic violations. rarely hold jury trials, do not maintain records of proceedings
state trial courts of limited jurisdiction
puts the interests of the state first, represented by prosecutors, against the accused, rep by defense counsel, in a process constrained by procedural rules specified in law and by traditions
adversarial process
requests by a defendant to a higher court asking it to review the actions of a lower court
death penalty is usually automatically this
appeals
a coordinator who assists with case-flow management, operating funds, budgeting, and court docket admin
state court administrator
an informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court
dispute-resolution center
low-level courts focusing on quality-of-life crimes that erodes a neighborhood’s morale. emphasizes prob solving rather than punishment. builds on restorative principles like community service and restitution
community court
jurisdiction of fed court
over cases arising under the constitution
trial courts of the fed court system. hears nearly all categories of fed cases, including civil and criminal
us district courts
right to appeal
constitution guarantees this
defendant has a right to one appeal
the power of a court to review actions and decisions made by other agencies of govt
judicial review
supreme court consists of
9 justices
8 associate justices
1 chief justice
includes judges, prosecuting attorneys, defense attorneys, public defenders and others who earn a living serving court
courtroom work group
an elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and conduct trials
judge
an attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses
prosecutor
non-partisan committee creates a list of possible candidates
final list sent to gov’s office
the governor appoints from list
after specified time period, the appointed judge stands for election
missouri plan
rep the accused participates in plea negotiations prepares a defense calls witnesses refutes case preserved by prosecutor presents arguments at time of sentencing files appeals
defense counsel
3 major categories of defense counsel
private attorney
court-assigned counsel
public defender
own legal practices or work for law firms
fees can be high
private attorney
drawn from a roster of all practicing attorneys
fees are paid at a rate set by govt
court assigned counsel
