LCJS 1400 Adjudication

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 state 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. The authority may be over a specific geographic area or over particular types of cases.

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. Such courts are also called inferior courts or lower courts. They can also handle the preliminary stages of felony cases in some states.

trial de novo

Literally, "new trial." The term is applied to cases that are retried on appeal, as opposed to those that are simply reviewed on the record.

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. judgment, decision, or order of a lower court and set it aside or modify it

state court administrator

A coordinator who assists with case-flow management, operating funds budgeting, and court docket administration.

dispute-resolution center

An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court.

community court

A low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale, that emphasizes problem solving rather than punishment, and that builds on restorative principles such as community service and restitution.

problem-solving courts

Low-level specialized courts that focus on relatively minor offenses and handle special populations or address special issues. Problem-solving courts are often a form of community courts.

judicial review

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

first appearance

An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held. At this stage in the criminal justice process, bail may be set or pretrial release arranged.

bail

The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.

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 bonds

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, which is signed by the person to be released and anyone else acting on his or her behalf.

release on recognizance (ROR)

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.

property bond

The setting of bail in the form of land, houses, stocks, or other tangible property. In the event that the defendant absconds before trial, the bond becomes the property of the court.

danger law

A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community.

grand juries

A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.

indictment

A formal, written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

preliminary hearing

A proceeding before a judicial officer in which three matters must be decided: (1) whether a crime was committed, (2) whether the crime occurred within the territorial jurisdiction of the court, and (3) whether there are reasonable grounds to believe that the defendant committed the crime.

information

A formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense.

competent to stand trial

A finding by a court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceedings against him or her.

arraignment

Strictly, the hearing before a court having jurisdiction in a criminal case in which the identity of the defendant is established, the defendant is informed of the charge and of his or her rights, and the defendant is required to enter a plea. Also, in some usages, any appearance in criminal court before trial.

plea

In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, or does not contest the charge.

nolo contendere

A plea of "no contest." A no-contest plea is used when the defendant does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits that might follow a criminal 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.