Unit 8 - Lesson 4

Question 1

Objectives

Answer 1

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

Question 2

appellate courts

Answer 2

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.

Question 3

bench trial

Answer 3

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

Question 4

civil law

Answer 4

The area of law related to human conduct that is not criminal in nature is known as

Question 5

common law

Answer 5

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.

Question 6

criminal law

Answer 6

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.

Question 7

equity law

Answer 7

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.

Question 8

felony

Answer 8

is the greater offense, punishable by a heavy fine, imprisonment, or even death—for example, murder, robbery, assault, or kidnapping.

Question 9

grand jury

Answer 9

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.

Question 10

independent judiciary

Answer 10

one not be subject to improper influence from the other branches of government, or from private or partisan interests.

Question 11

jury

Question 12

justice of the peace

Answer 12

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

Question 13

juvenile courts

Answer 13

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

Question 14

magistrate

Answer 14

magistrates handle those minor civil complaints and misdemeanor cases that arise in an urban setting.

Question 15

misdemeanor

Answer 15

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.

Question 16

municipal courts

Answer 16

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.

Question 17

precedent

Answer 17

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 ___________.

Question 18

precedent statutory

Answer 18

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.

Question 19

preliminary hearing

Answer 19

is generally the first step in a major criminal prosecution.

Question 20

state supreme court

Answer 20

the highest court in the state judiciary of a U.S. state

considered final and binding in both state and federal courts.

Question 21

statutory law

Answer 21

consists of the statutes (laws) enacted by legislative bodies, including the United States Congress, the State legislature, the people, and local governments.

Question 22

trial courts

Answer 22

a court of law where cases are tried in the first place, as opposed to an appeals court.

Question 23

warrant

Answer 23

is a court order authorizing, or making legal, some official action. Search warrants and arrest warrants are the most common of these documents.

Question 24

Administrative law

Answer 24

is composed of the rules, orders, and regulations issued by federal, State, or local executive officers, acting under proper constitutional and/or statutory authority.

Question 25

Constituitional law

The highest form of law in this country is

Answer 25

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