Law and politics Final Flashcards
Trial courts of limited jurisdiction
courts handling minor cases like traffic violations or small claims
Trial courts of General Jurisdiction
courts handling serious criminal offenses and major civil cases
Intermediate Appellate Courts
courts reviewing cases from trial courts to ensure proper application of law
courts of last resort
highest state courts, often called state supreme courts, final arbiters of state law
Norm enforcement
Process where courts uphold societal rules and legal norms through case decision
Courtroom work group (opposite of adversarial system)
Team of professionals including judges (ref), clerks, and attorneys managing daily court operations
Selection Methods
Partisan/nonpartisan elections, merit selection, appointments
Partisan selection
Judges elected with party affiliations appearing on the ballot
Non partisan selection
Judges are selected without party labels
Gubernatorial Appointment
The government appoints judges directly, often subject to legislative confirmation
Legislative Appointment
legislators select judges
Merit Selection
nonpartisan commission reviews candidates and recommends a shortlist to the governor, governor and or board of professional appoints a judge with candidates facing retention→each state does it a diff way
How do all the types of judge selection vary?
By state
Conventional Crime
theft, assault, violent crime
Economic Crime
fraud, embezzlement
Organized Crime
Mafia
Political Crime
Mafia
Consensual Crime
Gambling, Prostitution
Actus Reus(Action)
The physical act of committing a crime
Mens Rea(Intent)
The mental state or intent behind the crime
Causation
A link between the action and the resulting crime
What does intent dictate when committing a crime?
The severity of punishment–> premeditation has a very severe punishment
Criminal Trial Phases
-Jury Selection: Ensure Impartiality
-Opening Statements: Each side outlines their case to the Jury
-Presentation of Evidence: Prosection and define present their cases through witnesses and exhibits
-Closing ArgumentsL Summarize the case and attempt to persuade the jury
-Jury Instructions: judge explains the legal standards the jury must apply
-Verdict: Jury Determines guilt or innocence
Contract Law
agreements between two parties
