Test 1 Flashcards
court
body of government organized to administer justice, two court systems (federal, state)
federal (established by article III of the constitution)
district court
court of appeals
supreme court
(these courts hear cases that raise a federal question, bankruptcy, copyright, maritime, and diversity of citizenship)
state
trial court
intermediate appellate court
supreme court
circuits
U.S. is dividing into 13 judicial districts containing several district courts and only one court of appeals per circuit
supremus (latin)
the last
supreme
superior to all other things
justices
4 out of 9 of these supreme court judges confirm if a case is important enough to be heard
writ of certiorari
order from a higher court to a lower court to deliver its records to the higher court for review
“cert. den”
court decides not to hear an appeal, denies issuing the writ of certiorari by writing abbreviation
state trial courts
superior court
circuit court
court of common pleas
(one in each county)
appeal
request to a higher court to review the decision of a lower court
intermediate appellate court
appeals are taken and heard by a 3 judge panel before being eligible to go to the state supreme court
jurisidiction
power of a court to hear a case
original jurisdiction
power to hear the case originally (when it first goes to court)
appellate jurisdiction
power to hear a case when it’s appealed
exclusive jurisdiction
when only one court has the power to hear the case
concurrent jurisdiction
when two or more courts have the power to hear a case
forum non conveniens
to refuse to hear a case if court believes justice would be better served if the trial were held in a different court
in rem action
lawsuit that is directed against property rather than against a particular person
local action
action that concerns title to real property
res
property
quasi in rem action
defendant owns real property in one state and lives in another, the court where the real property is located has jurisdiction over the property only, not the person
in personam action
personal action, plaintiff must select a court that has jurisdiction over not only the subject matter but the parties involved in the case.
in personam jurisdiction
jurisdiction over the person
long-arm statues
allow one state court to to obtain personam jurisdiction over a person in another state if that person does much business in the state where the court is located
plenary jurisdiction
court has complete jurisdiction over the plaintiff, defendant, and subject matter of a case
transitory action
action that does not concern land and may be brought in more than one place as long as the court has jurisdiction
alternative dispute resolutions
procedures for settling disputes by means other than litigation
Rendition
return of fugitives to state in which they are accused by governor of state to which they have fled.
inadmissible
(cannot be received) in court.
criminal complaint
a written statement of facts making up the offense charged.
Preliminary hearing (also called probable cause hearing)
held before judge to determine if there is sufficient evidence to believe suspect committed the crime.
indictment
(formal written charge made by grand jury)
information
(formal written charge by a public official)
Grand jury
jury of up to 23 people who listen to evidence and decide whether or not to charge person with a crime.
Arraignment
person charged is called to court to answer indictment or information.
Plea bargain
when both sides agree to a mutually agreeable disposition of the case (i.e., guilty plea to lesser offense in exchange for lighter sentence).
Consecutive or cumulative sentences
two or more sentences to be served one after the other.
Concurrent sentences
two or more sentences to be served at the same time.
Suspended sentence
a sentence given formally but not actually served.
