Final Part 1

Question 1

Pleas

Answer 1

Discussions between defense counsel and prosecution in which the accused agrees to plead guilty in exchange for certain considerations, such as reduced charges or a lenient sentence

Question 2

Courts of limited jurisdiction

Answer 2

A court that has jurisdiction over misdemeanors and conducts preliminary investigations of felony charges

Question 3

Courts of specialized jurisdiction

Answer 3

A court that has primary jurisdiction over specific types of offenses and that operates differently than traditional criminal court, such as with a concern over outcomes and extensive judicial monitoring.

Question 4

Court of general jurisdiction

Answer 4

A state or federal court that has jurisdiction over felony offenses–serious crimes that carry a penalty of incarceration in a state or federal prison for one year or more

Question 5

Appellate court

Answer 5

A court to which appeals are made on points of law resulting from the judgment of a lower court, may be asked to evaluate impact of new evidence but more typically decides whether state or fed constitution was improperly interpreted

Question 6

Federal court system

Answer 6

Courts of limited jurisdiction; can only hear cases authorized by the US Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties.

Question 7

Court of last resort

Answer 7

A court that handles the final appeal on a matter–in the federal system, the U.S. Supreme Court

Question 8

Writ of certiorari

Answer 8

An order of a superior court requesting that a record of an inferior court be brought forward for review or inspection

Question 9

Rule of four

Answer 9

The convention that four justices must agree to hear a case before a criticism of certiorari is granted

Question 10

Missouri plan

Answer 10

A method of judicial selection that combines a judicial nominating commission, executive appointment, and nonpartisan confirmation elections

Question 11

Arbitration/Mediation

Answer 11

A process of dispute resolution in which a neutral third party renders a decision after a hearing at which both parties agree to be heard

Question 12

Prosecutor

Answer 12

An appointed or elected member of the practicing bar who is responsible for bringing the state’s case against the accused

Question 13

Prosecutoria l discretion

Answer 13

The prosecutor’s authority to decide whether to bring a case to trial or to dismiss it outright

Question 14

Nolle prosequi

Answer 14

The decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy

Question 15

Diversion

Answer 15

The use of an alternative to trial, such as referral to treatment or employment programs

Question 16

Indigent defendant

Answer 16

A defendant who lacks the funds to hire a private attorney and is therefore entitled to free counsel

Question 17

Public defender

Answer 17

An attorney employed by the government to represent criminal defendants who cannot afford to pay for a lawyer

Question 18

Pro bono

Answer 18

The practice by private attorneys of taking the cases of indigent offenders without fee as a service to the profession and the community

Question 19

Subpoena

Answer 19

A court order requiring a witness to appear in court a specified time and place

Question 20

Complaint

Answer 20

A sworn written statement addressed to a court or judge by the police, prosecutor, or individual alleging that an individual has committed an offense and requesting indictment and prosecution

Question 21

Arraignment

Answer 21

Initial trial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea

Question 22

Bail/bail bonds business

Answer 22

The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court. They are a written promise signed by a defendant or a surety to pay an amount fixed should the defendant fail to appear in court.

Question 23

Release on recognizance (ROR)

Answer 23

A pretrial release in which a defendant with ties to the community is not required to post bail but promises to appear at all subsequent proceedings

Question 24

Indictment

Answer 24

A written accusation returned by a grand jury, charging an individual with a specified crime after determination of probable cause

Question 25

Exculpatory evidence

Answer 25

All information that is material and favorable to the accused defendant because it casts doubt on the defendant’s guilt or on the evidence the government intends to use at trial

Question 26

Preliminary hearing

Answer 26

Hearing before a magistrate to determine whether the government has sufficient evidence to show probably cause that the defendant committed the crime

Question 27

Nolo contendere

Answer 27

A plea of “no contest”–the defendant submits to sentencing without any formal admission of guilt that could be used against him or her in a subsequent civil suit

Question 28

Bench trial

Answer 28

The trial of a criminal matter by a judge only. The accused waives any constitutional right to a jury trial

Question 29

Adjudication

Answer 29

The determination of guilt or innocence–a judgment concerning criminal charges

Question 30

Confrontation n clause

Answer 30

The constitutional right of a criminal defendant to see and cross-examine all the witnesses against him or her

Question 31

Gideon v. Wainwright

Answer 31

1963 trial in which the Court applied the 6th Amendment (right to speedy and fair trial) right to counsel to the states, meaning that all criminal defendants in felony cases benefit from it

Question 32

Hearsay evidence

Answer 32

Testimony that is not firsthand but, rather, related information told by a second party

Question 33

Proof beyond a reasonable doubt

Answer 33

The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime

Question 34

Preponderance of the evidence

Answer 34

The level of proof in civil cases; more than half the evidence supports the allegations of one side