Law and Justice Unit 3 Test

federal court system

The three, tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court.

state court system

A judicial structure. Most states have at least three court levels: trial courts, appellate courts, and a state supreme court.

Jurisdiction

The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

original jurisdiction

The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts.

appellate jurisdiction

The lawful authority of a court to review a decision made by a lower court

courts of limited jurisdiction

courts of law that have jurisdiction on a restricted range of cases, primarily lesser criminal and civil matters, including misdemeanors, small claims, traffic, parking, and civil infractions

courts of general jurisdiction

courts of law with primary jurisdiction on all issues not delegated to lower courts

court of last resort

The court authorized by law to hear the final appeal on a matter.

Appeal

the request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside (reverse it) or modify it

judicial review

The power of a court to review actions and decisions made by other agencies of government.

Judge

An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials.

Prosecutor

An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses.

defense counsel/attorney

a licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law

exculpatory evidence

any information having a tendency to clear a person of guilt or blame

public defender

An attorney employed by a government agency or sub agency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such service.

expert witness

a person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence

lay witness

An eyewitness, character witness, or other person called on to testify who is not considered an expert. Lay witnesses must testify to facts only and may not draw conclusions or express opinions.

Subpoena

A written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence.

change of venue

The movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction. A change of venue may be made in a criminal case to ensure that the defendant receives a fair trial.

pretrial release

The release of an accused person from custody, for all or part of the time before or during prosecution, upon his or her promise to appear in court when required.

bail bond

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear

release on recognizance

The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

conditional release

The release of a pretrial defendant by a judge, typically involving conditions that the defendant must meet in order to avoid custody prior to or during trial.

Plea

the defendants formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, isn't guilty of the offense charged, or does not contest the charge

no contest (nolo contendere)

used when the defendant does not wish to contest conviction

plea bargaining

The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case.

adversarial system

The two

peremptory challenge

the right to challenge a potential juror without disclosing the reason for the challenge

voir dire

questioning potential jurors during jury selection

sequestered jury

A jury that is isolated from the public during the course of a trial and throughout the deliberation process.

Evidence

anything useful to a judge or jury in deciding the facts of a case

direct evidence

Evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal courtroom.

circumstantial evidence

Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.

Testimony

Oral evidence offered by a sworn witness on the witness stand during a criminal trial.

Perjury

The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.

Hearsay

something that is not based on the personal knowledge of a witness

reasonable doubt

the actual and substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from the lack of evidence

reasonable doubt standard

The standard of proof necessary for conviction in criminal trials.

Verdict

the decision of the jury in a jury trial or of a judicial officer in a nonjury trial

Sentencing

the imposition of a criminal sanction by a judicial authority

Retribution

the act of taking revenge on a criminal perpetrator

Incapacitation

the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses

Deterrence

the goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment

Recidivism

the act of relapsing into a problem or criminal behavior during or after receiving sanctions, or while undergoing an intervention due to previous behavior or crime

Rehabilitation

the attempt to reform a criminal offender

Restoration

the goal of criminal sentencing that attempts to make the victim and the community "whole again"

Proportionality

a sentencing principle that holds the severity of sanctions should bear a direct relationship to the seriousness of the crime committed

Equity

a sentencing principle, based on concerns with social equality, that holds that similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders

aggravating circumstances

circumstances relating to the commission of a crime that makes it more grave than the average instance of that crime

mitigating circumstances

circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant

Diversion

the official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake

capital punishment

the death penalty

writ of habeas corpus

a writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment

wrongful conviction

an unfair criminal conviction

Exoneration

the reversal of a criminal conviction by appropriate judicial authority