CH.7 - American Courts and Adjudication

Dual court system

The system in the United States consisting of separate federal and state court systems.

Adversary process

The legal process where opposing parties present their cases before a neutral court or jury.

Inquisitorial process

The legal process where the judge is actively involved in investigating and determining the facts of the case.

Jurisdiction

The authority of a court to hear and decide a case within a specific geographic area or over certain types of cases.

Norm enforcement

The function of the courts to uphold and apply societal norms and laws.

Dispute processing

The function of the courts to resolve conflicts and legal disputes between parties.

Policy making

The function of the courts to interpret and establish legal precedents that influence future decisions and laws.

Trial courts of limited jurisdiction

Courts that handle minor criminal cases, traffic violations, and civil cases involving small amounts of money.

Trial courts of general jurisdiction

Courts that have the authority to hear more serious criminal cases and major civil cases.

Appellate courts

Courts that review decisions made by lower courts, ensuring that the law was applied correctly.

Problem-solving courts

Specialized courts that focus on specific issues such as drug offenses or mental health cases, aiming to address the underlying problems of the defendants.

Supreme Court

The highest court in the land, responsible for making final decisions on cases involving state or federal law.

Gubernatorial appointment

The method of selecting judges where the governor appoints a nominee for a period, subject to voter approval for succeeding terms.

Merit selection

The method of selecting judges where a nominating commission recommends candidates to the governor, who then appoints them for a period, subject to voter approval for succeeding terms.

Nonpartisan election

The method of selecting judges where candidates' party affiliations are not listed on the ballot.

Partisan election

The method of selecting judges where candidates openly endorsed by parties are selected by voters.

Prosecuting attorneys

Legal representatives for the state responsible for bringing criminal charges and prosecuting cases.

Prosecutorial discretion

The authority of prosecutors to decide which cases to prosecute, negotiate plea bargains, and determine the number of charges to file.

Discovery

The pre-trial phase where each party can obtain evidence from the opposing party.

Nolle prosequi

A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.

Defense attorney

The lawyer who represents accused and convicted offenders in the criminal justice system, advising and advocating for the defendant.

Assigned counsel

Private attorneys assigned and paid by the case to represent indigent defendants.

Contract counsel

Private attorneys contracted by period or flat fee to represent indigent defendants.

Public defender

Full-time, salaried attorneys with significant expertise, representing indigent defendants, often with extreme caseloads.

Local legal culture

Norms shared by court members on how cases should be handled and how participants should behave in the judicial process.

Courtroom workgroup

A collection of individuals including judges, prosecutors, defense attorneys, and support staff, who interact in the workplace to share goals and develop norms for carrying out activities in the court.