Unit 8 - Lesson 4 Flashcards
Objectives
Identify the organization of the state court systems, and define the kinds of law applied
Compare and contrast criminal law and civil law
Evaluate the purposes and types of juries used in state courts, and describe the process of juror selection
Construct arguments supporting the jury system
Identify the methods used to select judges, and evaluate the arguments for and against judicial elections
appellate courts
They are courts of appeal that stand between the trial courts and the State’s supreme court. These appellate courts act as “gatekeepers” to ease the burden of the State’s highest court.
bench trial
trial in which there is no jury and the judge decides the case. a trial in which there is no jury and the judge decides the case
civil law
The area of law related to human conduct that is not criminal in nature is known as
common law
is unwritten, judge-made law that has developed over centuries from those generally accepted ideas of right and wrong that have gained judicial recognition. It covers nearly all aspects of human conduct. State courts apply common law except when it is in conflict with written law.
criminal law
The law as it is applied by courts in this country can also be described as either criminal or civil law. Criminal law is that branch of the law that regulates human conduct.
equity law
The equity branch of the law supplements common law. It developed in England to provide equity—“fairness, justice, and right”—when remedies under the common law fell short of that goal.
felony
is the greater offense, punishable by a heavy fine, imprisonment, or even death—for example, murder, robbery, assault, or kidnapping.
grand jury
The grand jury has from 6 to 23 persons, depending on the State. Where larger juries are used, generally at least 12 jurors must agree that an accused person is probably guilty before a formal accusation is made. Similarly, with smaller juries, an extraordinary majority is needed to indict, which means to bring the formal charge.
independent judiciary
one not be subject to improper influence from the other branches of government, or from private or partisan interests.
jury
justice of the peace
a body of persons sworn to give a verdict on some matter submitted to thema body of persons legally selected and sworn to inquire into any matter of fact and to give their verdict according to the evidence
juvenile courts
Minors who are arrested for some offense, or who otherwise come to the attention of the police or other authorities, may appear in juvenile courts.
rehabilitation more than punishment
magistrate
magistrates handle those minor civil complaints and misdemeanor cases that arise in an urban setting.
misdemeanor
is a lesser wrong and may be punished by a lighter fine and/or a shorter jail term—for example, a traffic violation, underage drinking, or disorderly conduct.
municipal courts
hey can often hear civil cases involving several thousands of dollars as well as the usual run of misdemeanors. Many municipal courts are organized into divisions, which hear cases of a given kind—for example, civil, criminal, small claims, traffic, and probate divisions.
Small claims courts are designed for just such situations.
precedent
A decision, once made, becomes a ________, a guide to be followed in all later, similar cases, unless compelling reasons call for either an exception or its abandonment and the setting of a new ___________.
precedent statutory
Statutory precedent is the legal precedent created by law, while case law is the legal precedent created by a court. Statutory precedent can often be found in the form of laws, regulations, or decisions of courts.
preliminary hearing
is generally the first step in a major criminal prosecution.
state supreme court
the highest court in the state judiciary of a U.S. state
considered final and binding in both state and federal courts.
statutory law
consists of the statutes (laws) enacted by legislative bodies, including the United States Congress, the State legislature, the people, and local governments.
trial courts
a court of law where cases are tried in the first place, as opposed to an appeals court.
warrant
is a court order authorizing, or making legal, some official action. Search warrants and arrest warrants are the most common of these documents.
Administrative law
is composed of the rules, orders, and regulations issued by federal, State, or local executive officers, acting under proper constitutional and/or statutory authority.
Constituitional law
The highest form of law in this country is
a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries
