Unit 5:court

Question 1

Civil law

Answer 1

• violation if constitutional rights
• preponderance of evidence
• private parties bring cases to court
• monetary damages

Question 2

Criminal law

Answer 2

• violation of criminal law
• belief beyond a reasonable doubt
• govnt. Brings cases to court
• fines, imprisonment, death penalty

Question 3

Dual court system

Answer 3

• separate but interrelated court US, made up of courts on the fed level and on state level
• before any court hears case, must have jurisdiction

Question 4

Jurisdiction

Answer 4

Authority of a court to hear and decide cases within an area of law or a geographic territory

Question 5

federal court system

Answer 5

-3 tier hierarchical structure
Supreme: only 1, highest court, choose the cases and base on different judgments

Courts of appeal: issue appealed from district (3 judge panels)

District courts: civil or criminal (kidnapping)

Question 6

Federal judges

Answer 6

• include justices of Supreme Court
• appointed by president (subject to approval by senate)
• lifetime appointments (freedom and autonomy,
• can impeach
• 2/3 senators vote

Question 7

State court system

Answer 7

• court of last resort: final court, hears appeals, death penalties
• intermediate courts (appellate):review cases for errors
• courts of general jurisdiction: traffic to murder
• courts of limited jurisdiction: traffic, small cases

Question 8

State judges

Answer 8

-some: judges are appointed by the governor and confirmed by the upper chamber of the state

-some: partisan elections are used to choose
Partisan: candidate are affiliated with and receive support from political parties

-in Il: 10 year term and elected

Question 9

Determining charges: the prosecutor

Answer 9

-police arrest does not guarantee the prosecutor will prosecute

-prosecuting attorney determines if case moves forward:
(Dropping, adding, reducing)

-thus, prosecutorial discretion

Question 10

Initial appearance

Answer 10

-an accused first appearance before a judge or magistrate following arrest

-during, defendent is:
Informed of charges
Advised of the right to counsel
Told bail

Question 11

Bail

Answer 11

• 8th amendment
• based on variety of factors (severity, financial status)
• if unable to pay with cash or property: bail bonds person to post bail bond to def.
• bail for profit not allowed in Il

-can be denied if def is a flight risk or for community safety

Question 12

Establishing probable cause

Answer 12

-prosecutor must prove crime was committed and link the defendant to crime

-two formal procedures for establishing probable cause:
preliminary hearing,
grand juries

Question 13

Prelims hearing

Answer 13

An initial hearing, magistrate decides if probable cause to believe def. committed crime with which charged

Question 14

Grand jury

Answer 14

Group of citizens called to decide whether probable cause exists that suspect committed

Question 15

The plea

Answer 15

• based on info (prelim) or indictment (jury), prosecutor submits motion to court order def. to appear before trial court for arraignment
• arraignment: court proceeding where suspect formally charged with criminal offenses stated in indictment, suspect enters plea

Nolo contendere: no contest, same as pleasing guilty, only available in some cases

Question 16

Plea bargaining

Answer 16

• reduces time and cost
• back logged sockets moving
• over 90% of def. received a plea
• can surround charges or range of sentencing

Question 17

Prep for criminal trial

Answer 17

Bench trial: judge makes determination of guilt

Jury trial: jury makes determination of guilt

Question 18

Jury trial

Answer 18

• master jury list (jury pool) made of eligible jurors in community
• 1 step: draw together venire

Voir dire: prelim ?’s that trial attorney ask prospective jurors to determine if bias or any connection to defendent or a witness (2nd step)