Criminal Justice Chapters 1 and 2: Law, Courts, and the Federal Judiciary

Vocabulary practice flashcards covering criminal law foundations, court procedures, constitutional amendments, models of justice, and federal court structures based on Chapters 1 and 2.

Law (Four Elements)

A body of rules, enacted by public officers, in a legitimate manner, backed by the force of the state.

Common Law

A legal tradition characterized by judge-made law, precedent, and multiple sources of law.

Adversary System

A legal process in which opposing sides present cases before an impartial judge or jury, and defendants are presumed innocent.

Actus Reus

The guilty act or prohibited conduct required to constitute a crime.

Mens Rea

The culpable mental state or criminal intent required for a crime.

Substantive Law

The law defining rights, duties, and prohibited conduct.

Procedural Law

Rules governing how the justice system investigates, prosecutes, and decides cases.

Felony

A serious criminal offense, generally punishable by more than one year of imprisonment.

Misdemeanor

A less serious criminal offense, generally punishable by up to one year of incarceration.

Law-on-the-Books Approach

An approach to studying the legal system that focuses on formal statutes, rules, and appellate decisions.

Law-in-Action Approach

An approach to studying the legal system that focuses on how laws are interpreted and applied in real court practices and cases.

Crime Control Model

A model of criminal justice emphasizing efficient processing and repression of criminal conduct to protect society.

Due Process Model

A model of criminal justice emphasizing individual rights, fairness, and limits on government power.

Bill of Rights

The first ten amendments to the U.S. Constitution.

Fourth Amendment

Constitutional amendment protecting individuals against unreasonable searches and seizures.

Fifth Amendment

Constitutional amendment protecting, among other rights, due process and the privilege against compelled self-incrimination.

Sixth Amendment

Constitutional amendment guaranteeing rights including a speedy and public trial, counsel, and confrontation of witnesses.

Eighth Amendment

Constitutional amendment prohibiting excessive bail and fines as well as cruel and unusual punishments.

Geographical Jurisdiction

The authority of a court to hear cases arising within a specified territory.

Subject Matter Jurisdiction

The authority of a court to hear a particular category of case.

Personal Jurisdiction

A court’s legal authority over the parties involved in a case.

Hierarchical Jurisdiction

A court’s place in the judicial system, including its original and appellate authority.

Original Jurisdiction

The legal authority of a court to hear and decide a case initially.

Appellate Jurisdiction

The legal authority of a court to review decisions made by lower courts.

Trial Court

A court that hears evidence, determines facts, and initially resolves disputes.

Appellate Court

A court that reviews lower-court proceedings for legal errors rather than establishing facts.

U.S. District Courts

The primary trial courts in the federal court system.

U.S. Courts of Appeals

Intermediate federal appellate courts that review district court decisions and certain federal agency decisions.

U.S. Supreme Court

The highest federal court and the final interpreter of federal constitutional law.

Federal Judicial Circuits

The federal circuit structure consisting of twelve regional circuits plus the Federal Circuit, making thirteen courts of appeals total.

U.S. Magistrate Judge

A federal judicial officer appointed by federal district judges for fixed terms to handle designated pretrial, preliminary, and other matters.

Bankruptcy Judge

A federal judicial officer who hears bankruptcy matters.

Writ of Certiorari

An order issued by a higher court agreeing to review a lower-court decision.

Rule of Four

The requirement that four U.S. Supreme Court justices must vote in favor to grant a writ of certiorari.

Precedent

A prior judicial decision used as legal authority in a subsequent case.

Stare Decisis

The foundational common law principle of following established judicial precedent.

Limited-Jurisdiction Court

A court authorized to hear only certain types of cases, which are often minor offenses.

General-Jurisdiction Trial Court

A trial court authorized to hear a broad range of civil and criminal cases.

Judicial Review

The power of courts to evaluate government action for consistency with the Constitution.

Article III Federal Judges

Federal judges nominated by the president and confirmed by the Senate who hold their judicial office during good behavior.

Judicial Conference of the United States

The principal policy-making body responsible for the administration of the federal courts.

Administrative Office of the U.S. Courts

An entity providing administrative, legal, financial, and program support to the federal judiciary.

Federal Judicial Councils

Regional administrative bodies that oversee administration within each of the federal judicial circuits.