Quiz 8 Flashcards
What are the 6 types of jurisdictions for courts
Original
Appellate
General
Special
Subject Matter
Personal
Original Jurisdiction
The authority of a court to hear a case when it’s BROUGHT THE FIRST TIME
Appellate Jurisdiction
The authority of a court to REVIEW a case for ERRORS
General Jurisdiction
The authority of a court to hear ANY TYPE of case
Special Jurisdiction
The authority of a court to hear ONLY CERTAIN TYPES of cases
Subject Matter Jurisdiction
The authority of a court to hear PARTICULAR TYPES of cases
Personal Jurisdiction
The authority of a court OVER PARTIES to a LAWSUIT
What are the 3 levels of the Federal Courts
US Supreme Court
Appellate
District
What types of Jurisdiction does the US Supreme Court have
Original (foreign and state cases)
Appellate (appealed from appellate level typically)
What types of Jurisdiction does the Appellate Court have
Appellate only (appealed from District level)
What types of Jurisdiction does the District Court have
Original (first, lowest level court)
Subject matter
Personal
ex. Maritime law, constitution, ambassadors sued outside
How are federal judges appointed and for how long
All are appointed by the president for life (need senate confirmation)
How many district courts are there
94
How are cases appealed
1) error of the law (not related to the facts of the case)
2) constitutionality
How are cases appealed to the US Supreme court
Rule of four
Writ of Certi Orari
What is the rule of four and the writ of certiorari
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
What percent of cases appealed are heard by the supreme court?
1%
What are the four outcomes from the supreme court
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
What are the 4 levels of state courts
Court of last resort
Appellate court
Trial court of general jurisdiction
Trial court of limited jurisdiction
What types of Jurisdiction do the Court of last resort have
original
appellate
What types of Jurisdiction do the appellate courts have
appellate
What types of Jurisdiction do the trial courts of general jurisdiction have
general
original
appellate
what are the 3 conditions for prosecution
1) a crime has been committed
2) a perpetrator has been identified
3) sufficient evidence for a guilty verdict
PRETRIAL
Always
Be
Prepared
Cause
A
Shocking
Insight
Becomes
Pretty
And
Pretend
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
