The Nature and Functioning of Courts

A series of flashcards derived from the lecture notes, focusing on key legal concepts and terminology related to the structure and function of courts.

Dual-legal system

A system consisting of both state courts and federal courts.

Limited jurisdiction

Courts that can only hear specific types of cases as defined by law.

General jurisdiction

State's major trial courts that can hear all cases involving civil and criminal law.

Appellate courts

Courts that hear appeals from trial courts and address errors of law.

Writ of certiorari

An order issued by a higher court directing a lower court to send records of a case for review.

Habeas corpus

A legal request to bring a prisoner before a judge to clarify the lawfulness of their detention.

Prosecutorial discretion

The power of prosecutors to decide whether to file charges and the seriousness of those charges.

Defense Counsel

An attorney who represents a defendant in criminal cases, ensuring their right to counsel.

Arraignment

The court proceeding where a defendant is formally charged and asked to enter a plea.

Plea bargain

A negotiation in which a defendant pleads guilty to a lesser charge to reduce the likelihood of a harsher sentence.

Voir Dire

The process of questioning prospective jurors to determine their suitability for serving on a jury.

Incapacitation

A philosophy of punishment focused on imprisoning criminals to protect society.

Deterrence

The idea that the fear of punishment will prevent individuals from committing crimes.

Retribution

A philosophy of punishment that advocates for a punishment proportionate to the harm inflicted.

Restorative justice

An approach to justice aimed at healing and restorative outcomes for victims, offenders, and communities.

Capital punishment

The legal process through which a person is sentenced to death by the state.

Racial bias in capital punishment

Evidence that death sentences disproportionately affect racial minorities, particularly in cases involving white victims.