Exam 2 - Ch 4 Federal & State Courts

jurisdiction

legal authority/power of court to hear, pronounce on, + decide a case

1. personal jurisdiction

authority of court over a person

2. subject matter jurisdiction

authority conferred on a court to hear a particular type of case

• ex. traffic court, juvenile court

3. geographical jurisdiction

authority of courts to hear cases that arise within specific boundaries;

• city, county, state, country (“venue”)

4. hierarchal jurisdiction

divison of responsibilites + functions among the various courts

limited jurisdiction

courts that deal w/less serious offenses + civil cases, usually under $1000

• ex. municipal court

general jurisdiction

court has authority to hear a variety of cases

appellate jurisdiction

authority of a court to review decisions made by lower courts *due process

Article III Courts

est. by Congress pursuant to its authority to create "inferior"/lower courts under Article III of Constitution

• duties of judicial branch

diversity of citizenship

when opposing parties in a lawsuit are from different states

Federal Court System

3-tiered structure of federal courts; comprising U.S. district courts (94), U.S. courts of appeal (13), and U.S. Supreme Court

How many justices are on the Supreme Court?

9 justices, 1 being the chief

writ or certiorari

orders lower court to send record of a case up to Supreme Court; needs 4/+ votes to be accepted

rule of four

at least 4 justices of the Supreme Court must vote to consider a case before it can be heard

trial de novo

new trial - granted by an appellate court

felony

crime w/imprisonment of at least 1 year

complaint

formal accusation made by officer/citizen of a criminal act

booking

formal process of making a police record of the arrest - name, time of arrest, picture, fingerprints

initial appearance (1st step)

1st court appearance in municipal/justice of peace court

• informed of rights, nature of charges against them

• "without unecessary delay

preliminary hearing (2nd step)

initial hearing when judge decides if there is probable cause to believe that the defendant committed the crime with which he/she is charged

information

subsitute for indictment, charges are filed directly w/court by prosecutor - bypassing grand jury

indictment

doc formely charging defendent; handed down by grand jury after hearing evidence from prosecutor

arraignment

hearing in which a suspect is charged and pleads guilty or not guilty

plea

defendent's response to the charge against them

standing mute

defendent refuses to plea → court enters plea of not guilty for them

nolo contendere

defendent accepts whatever punishment the court would impose on a guilty def. but refuses to admit liability

Alford plea

defendant claims innocent but pleads guilty for other reasons

challenge for cause

ability to exclude a possible juror if bias or prejudice is indicated

peremptory challenge

removal of a possible juror w/o giving any reason, limited to about 6 or 12, cannot be about race/gender

• Batson v. Kentucky (1986) - race

• J.E.B. v. Alabama (1994)- gender

motion

request made to the court

Habeus Corpus

legal protection that prohibits the imprisonment of a person w/o demonstrated cause

• “you have the body”

3 common judge-selecting methods

1. appointment

2. election

3. merit system (Missouri Plan)

bar associations

groups of lawyers who attempt to regulate the practice of law

bar examination

required test to be eligible to practice law in a state

casebook approach

teaching of law by reading appellate court opinions

Socratic method

Q&A format to force students to use their reason to see things for themselves

venire

term for summoning jurors; "to cause/make come"

voir dire

"to speak the truth"; process of questioning jurors

jury consultants

experts hired by attorneys to help them determine what type of person is more likely to favor their side

mistrial

"hung jury"; trial ended by legal error

federal courts

courts that hear cases dealing w/fed matters; 1

state courts

courts that hear disputes about the laws of one state; 50

state court system

can differ, larger states tend to have more appellate levels

• ex. NH original jurisdiction courts → NH Supreme Court

court actors

court-triad/courtroom community = judges, prosecutors, defense attorneys

overview of criminal process

crime > enters system > prosecution > adjudication > sentencing > corrections

Buried Bodies Case / "Lake Pleasant Case" (1974)

Robert Garrow kidnappes 3 kids, murders 1 - found guilty

• represented by Armani & Belge

• prev record of SA

• possible 2 other murders

• Armani & Belge charged but faced no time - quit law

adversarial ethic

calls on criminal defense lawyers to make the best possible case, within the rules, for the client, regardless of how heinous the crime the client may have committed

Gideon v. Washington (1963)

6th Amen requires free legal counsel to those who can't afford (appointment system)

• Garrows gets Belge

Clark v. Arizona (2006)

insanity rule is substantially open to the state's choice