State & Local Politics Chapter 9

Partisan Elections

An election in which candidates are officially affiliated with a political party, and their party labels appear on the ballot

Non-Partisan Elections

An election in which candidates do not have party affiliations listed on the ballot, even if they personally have political leanings

Merit Plan

The judges’ process goes from the small courts, to the trial courts, to state courts, to eventually the Supreme Court

Low Information Elections

Elections in which voters have limited knowledge about the candidates, issues, or offices, so they rely on simple cues and guesswork to make decisions

Retention Elections

Determine whether or not a judge is to stay in their position: Each state constitution creates the percentage of approval a judge must get to be retained

Criminal Law

The U.S. government prosecutes the defendant where a prosecutor may be called the District Attorney or State’s Attorney, and the public defender or privately hired defense counsel represents the defendant

What does proof have to be in a criminal law case?

“Beyond a reasonable doubt”

What does proof have to be in a civil law case?

By a preponderance of the evidence: 51%

Defendant

The one who damaged the plaintiff (often a criminal) - Represented by private counsel

Plaintiff

The one damaged and has standing - Represented by a private counsel

Who has to be the one to bring a matter to court?

Plaintiff

How is case jurisdiction determined between state and federal government?

Subject matter, time and choice to prosecute

Trial by Jury

The right to be heard and judged by a jury of ones’ peers from a community, mirroring an individuals’ community’s ethnic and religious make up

What right can be waived in court?

Trial by jury

What happens if one decides to waive their trial by jury right in court?

A Bench Trial

Bench Trial

A trial in which a judge decides the case instead of a jury

Dual & Parallel Courts

The United States has two separate court system that operate side-by-side, each handling its own cases but sometimes dealing with similar issues under different laws

Courts of Limited Jurisdiction

1. Traffic Courts

2. Small Claims Courts

3. Family Courts

4. Juvenile Courts

5. Drug Courts

Civil Case

A case that concerns a dispute involving individuals or organizations

Criminal Case

A case brought by the state against persons accused of violating a law

Administrative Case

A case in which a government agency applies rules to settle a legal dispute

Common Law

Unwritten law based on tradition, custom, or court decisions

Limited Jurisdiction Courts

Focuses on procedural cases, such as small claims and traffic courts with the goals of resolutions cases

Specialty Courts

Focus on rehabilitation in drug, mental health, and juvenile related cases, with the goal of behavioral change and treatment rather than jailing

In re Gault

A U.S. Supreme Court case (1967) following a boy, Gerald Gault, who was locked in juvenile prison for months after being accused of making a prank call, when he would have been simply fined in an adult criminal court

How did In re Gault change the court system?

Juvenile courts became more fair and structured, no longer punishing harshly without due process and upholding that juveniles maintain the same constitutional rights as adults

Major Trial Court

Court of general jurisdiction that handles major criminal and civil cases

Supreme Court

The highest state court, beyond which there is no appeal except in cases involving federal law

Intermediate Appellate Court

A state appellate court that relieves the case burden on the supreme court court by hearing certain types of appeals

Plea Bargaining

Negotiation between a prosecutor and a criminal defendants’ counsel that results in the defendant pleading guilty to a lesser sentence or pleading guilty in exchange for a reduced charge

Precedent

The legal principle that previous similar court decisions should be applied to future decisions

Stare Decisis

The legal doctrine that precedent sets in when earlier cases should guide judges’ rulings

Judicial Federalism

State constitutional and statutory laws are consulted and applied before federal law

Judicial Activism

The making of judicial public policy through decisions that overturn existing law or effectively make new laws

Tort

A civil wrong that causes harm to another person, such as an auto accident, product liability, or defamation

PTI (Pre-Trial Intervention)

A diversionary program for first-time, non-violent offenders to avoid criminal conviction, jail time, and a criminal record

Main Types of Criminal Trials:

1. Jury Trial

2. Bench Trial