Key Terms 8 Flashcards
Adversary System
A legal system in which the prosecution and defense are opponents, or adversaries, and present their cases in the light most favorable to themselves
Appellate Courts
Courts that review decisions made by lower courts, such as trial courts (AKA Courts of Appeals)
Concurrent Jurisdiction
The situation that occurs when two or more courts have the authority to preside over the same criminal case
Concurring Opinions
Separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made
Courtroom Work Group
The social organization consisting of the judge, prosecutor, defense attorney, and other court workers
Dissenting Opinions
Separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case
Docket
The list of cases entered on a court’s calendar and thus scheduled to be heard by the court
Dual Court System
The separate but interrelated court system of the United States, made up of the courts on the national level and the courts on a state level
Extradition
The process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction’s criminal law to the second jurisdiction
Impeachment
The formal process by which a public official is charged with misconduct that could lead to his or her removal from office
Judicial Misconduct
A general term describing behavior - such as accepting bribes or consorting with known felons - that diminishes public confidence in the judiciary
Judicial Review
The power of a court - particularly the United States Supreme Court - to review the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional
Jurisdiction
The authority of a court to hear and decide cases within an area of the law or a geographic territory
Magistrate
A public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant
Missouri Plan
A method of selecting judges that combines appointment and election
Nonpartisan Elections
Elections in which candidates are presented on the ballot without any party affiliation
Opinions
Written statements by appellate judges expressing the reason for the court’s decision in a case
Oral Arguments
The verbal argument presented in person by attorneys to an appellate court. Each attorney presents reasons why the court should rule in his or her client’s favor
Partisan Elections
Elections in which candidates are affiliated with and receive support from political parties
Problem-Solving Courts
Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence
Rule of Four
A rule of the United States Supreme Court that the Court will not issue a writ of certiorari unless at least four justices approve of the decision to hear the case
Trial Courts
Courts in which most cases usually begin and in which questions of fact are examined
Writ of Certiorary
A request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court’s willingness to review the case