Chapter 7 Key Terms: Courts and the Legal Process

Flashcards in question-and-answer format reviewing court structures, legal roles, and key terms from Chapter 7.

What are state courts of limited jurisdic0on?

Courts that have jurisdic0on over misdemeanors and conduct preliminary inves0ga0ons of felony charges.

What are courts of general jurisdic0on?

State or federal courts that have jurisdic0on over felony offenses and more serious civil cases (i.e., cases involving more than a dollar amount set by the legislature).

What is the definition of an appellate court?

A court that reconsiders a case that has already been tried in order to determine whether the measures used complied with accepted rules of criminal procedure and were in accordance with cons0tu0onal doctrines.

What is a court of last resort, and which court serves as this for criminal maFers in the United States?

A court that handles the final appeal on a maFer. The US Supreme Court is the official court of last resort for criminal maFers.

What is a writ of cer0orari?

An order of a superior court reques0ng that the record of an inferior court (or administra0ve body) be brought forward for review or inspec0on.

What is a landmark decision?

A decision handed down by the US Supreme Court that becomes the law of the land and serves as a precedent for resolving similar legal issues.

What is a jury trial?

The process of deciding a case by a group of persons selected and sworn in to serve as jurors at a criminal trial, oLen as a $6$- or $12$-person jury.

What is a US magistrate judge?

A federal trial judge who is appointed by a district court judge and who presides over various civil cases with the consent of the par0es and over certain misdemeanor cases.

What is the Missouri Plan?

A method of picking judges through nonpar0san elec0ons as a way to ensure that judges adhere to high standards of judicial performance.

How is a prosecutor defined, and what are some examples of this role?

A representa0ve of the state (execu0ve branch) in criminal proceedings and advocate for the state’s case—the charge—in the adversary trial. Examples include the aForney general of the United States, US aForneys, the aForneys general of the states, district aForneys, and police prosecutors.

What is a public defender?

An aForney usually employed (at no cost to the accused) by the government to represent poor persons accused of a crime.

What is adversarial procedure?

The process of publicly piXng the prosecu0on and the defense against one another in pursuit of the truth.

What is the Sixth Amendment according to the lecture notes?

The US cons0tu0onal amendment containing various criminal trial rights, such as the right to public trial, right to trial by jury, and the right to confronta0on of witnesses.

What was the significance of the $1963$ US Supreme Court case Gideon v. Wainwright?

It granted counsel to indigent defendants in felony prosecu0ons.

What is assigned counsel?

A lawyer appointed by the court to represent a defendant in a criminal case because the person is too poor to hire counsel.

What is the contract system (aBorney)?

Providing counsel to indigent offenders by having aForneys under contract to the county handle all (or some) such cases.