Strand 4 Flashcards
The Court System
What is the dual court system?
The US system, consists of state and federal courts. Courts function independently, each dealing with different things
What is the 1st level of state courts?
Municipal court, limited jurisdiction, trial court
What is the 2nd level of state courts?
District court, general jurisdiction
What is the 3rd level of state courts?
Court of Appeals, appellate court, reviews decisions
What is the 4th level of state courts?
State Supreme Court
List all levels of state courts in order
Municipal court, district court, court of appeals, state Supreme court
What is the 1st level of federal courts?
Federal district court, trial court, general jurisdiction
What is the 2nd level of federal courts?
Circuit Court of Appeals, 13 circuits
What is the 3rd level of federal courts?
US Supreme Court, original and appellate jurisdiction
List levels of federal courts in order
Federal district court, circuit Court of appeals, SCOTUS
What is judicial review?
The power of the courts to examine and invalidate actions of different branches of the government
Supreme court rule of 4
4/9 judges must agree to take on the case
What is subject matter jurisdiction?
The authority of a court to hear cases relating to a certain subject
What is geographic jurisdiction?
Authority of a court over cases that occur within that territory
What is original jurisdiction?
First courts to hear a trial case, authority to determine innocence/guilt
What is appellate jurisdiction?
Authority of a court to review decisions made by lower courts
What is general jurisdiction?
Authority to try any kind of case
What is limited jurisdiction?
Authority to try certain cases, but not all
What is substantive due process?
Whether the government is justified in taking away someone’s life, liberty, or property
What is procedural due process?
Whether the government has followed proper procedures in taking away life, liberty, or property
What is the 1st phase of the court process?
Accusatory/pretrial phase
What are the components of the accusatory phase?
Filing of complaint, response, discovery
What is the 2nd phase of the court process?
Adjudication/trial phase
What are the components of the adjudication phase?
Trial, voir dire
What is voir dire?
The jury selection process
What is the 3rd step of the court process?
The sentencing phase
What are the components of the sentencing phase?
Sentencing/sanctions, appeal
What is retribution? (1st goal)
Punishment/consequences for criminals
What is incapacitation? (2nd goal)
Imprisonment
What is deterrence? (3rd goal)
Stop future crime by making them fear punishment
What is rehabilitation? (4th goal)
Help criminals change to become a better citizen
What is restoration? (5th goal)
Restoring victim/community to previous condition
What is the courtroom workgroup and their purpose?
Lawyers, judge, jury, bailiff, clerks. To keep it going and get cases through