Quiz 8 Flashcards

1
Q

What are the 6 types of jurisdictions for courts

A

Original
Appellate
General
Special
Subject Matter
Personal

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2
Q

Original Jurisdiction

A

The authority of a court to hear a case when it’s BROUGHT THE FIRST TIME

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3
Q

Appellate Jurisdiction

A

The authority of a court to REVIEW a case for ERRORS

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4
Q

General Jurisdiction

A

The authority of a court to hear ANY TYPE of case

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5
Q

Special Jurisdiction

A

The authority of a court to hear ONLY CERTAIN TYPES of cases

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6
Q

Subject Matter Jurisdiction

A

The authority of a court to hear PARTICULAR TYPES of cases

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7
Q

Personal Jurisdiction

A

The authority of a court OVER PARTIES to a LAWSUIT

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8
Q

What are the 3 levels of the Federal Courts

A

US Supreme Court
Appellate
District

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9
Q

What types of Jurisdiction does the US Supreme Court have

A

Original (foreign and state cases)
Appellate (appealed from appellate level typically)

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10
Q

What types of Jurisdiction does the Appellate Court have

A

Appellate only (appealed from District level)

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11
Q

What types of Jurisdiction does the District Court have

A

Original (first, lowest level court)
Subject matter
Personal

ex. Maritime law, constitution, ambassadors sued outside

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12
Q

How are federal judges appointed and for how long

A

All are appointed by the president for life (need senate confirmation)

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13
Q

How many district courts are there

A

94

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14
Q

How are cases appealed

A

1) error of the law (not related to the facts of the case)
2) constitutionality

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15
Q

How are cases appealed to the US Supreme court

A

Rule of four
Writ of Certi Orari

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16
Q

What is the rule of four and the writ of certiorari

A

Rule of four- all four judges agree to hear an appealed case
Writ of ceritorari - they’ve exhausted all other options, and there is a substantial federal question involve

17
Q

What percent of cases appealed are heard by the supreme court?

A

1%

18
Q

What are the four outcomes from the supreme court

A

1) Affirm the lower courts decision (let it stand)
2) Modify the verdict
3) Reverse the verdict (no more action)
4) Reverse and remand - send back to court of original jurisdiction for retrial

19
Q

What are the 4 levels of state courts

A

Court of last resort
Appellate court
Trial court of general jurisdiction
Trial court of limited jurisdiction

20
Q

What types of Jurisdiction do the Court of last resort have

A

original
appellate

21
Q

What types of Jurisdiction do the appellate courts have

A

appellate

22
Q

What types of Jurisdiction do the trial courts of general jurisdiction have

A

general
original
appellate

23
Q

what are the 3 conditions for prosecution

A

1) a crime has been committed
2) a perpetrator has been identified
3) sufficient evidence for a guilty verdict

24
Q

PRETRIAL
Always
Be
Prepared
Cause
A
Shocking
Insight
Becomes
Pretty
And
Pretend

A

1) arrest
2) booking (fingerprints/mugshot)
3) prosecutor (reviews case for evidence)
4) charge (complaint - misdemeanors, information - felonies, grand jury)
5) arrest warrant signed (for cold cases)
6) suspect becomes defendant (filed charge)
7) initial appearance (Judge tells defendan the charge)
8) Bail
9) Preliminary Hearing
10) Arraignment (hear charge and file plea)
11) Plea Bargaining

25
Q

Plea options

A

guilty
not guilty (dont use the word innocent ever)
nolo contendre (no contest)
not guilty by reasons of insanity

26
Q

Plea Bargaining reasons

A
  • defendant plead guilty to a lesser offense
    -lighter sentence
    -guilty plea in exchange for a dropped charge

(95% of cases are resolved this way)

27
Q

When do suspects officially become defendants

A

After the charges have been filed

28
Q

How long may suspects who are arrested w/out a warrant be held in jail before being brought before a judge for an initial appearance?

A

no longer than 48 hours

29
Q

What is voir dure whats its purpose

A

The process in which potential juror who might be biased or in able to render a fair verdict are screened out (to ensure fair trial)

30
Q
A