Criminal Courts and Law- Ch 1+2

Court

Agency of judicial branch of government with authority to decide upon cases

Adjudication

Process by which a court reaches a decision regarding a case

To be considered a court…

Must have proper legal authority as spelled out in statutes

Courts are generally found in…

Judicial as opposed to legislative and executive branches

Civil courts

Resolve disputes between private parties

Criminal courts

Try suspected offenders

Dual court system

Judicial system comprising federal and state level judicial systems

Dual federalism

System of government where the only powers of federal government are explicitly listed, with rest left to states

Cooperative federalism

System of government where some of the lines between state and federal power are blurred

State court hierarchy

Limited jurisdiction courts, trial courts, appellate courts, and supreme courts

Federal court hierarchy

Trial courts, appellate courts, U.S. supreme court

Four main functions of court

Upholding the law, protecting individuals, resolving disputes, reinforcing social norms

Code of Hammurabi

Earliest known example of formal written code, eye for an eye

Twelve Tables

First secular written legal code from 450 B.C.

Common law

Law beginning in England originating from usage and custom rather than statute

Special law

Law of specific villages in effect in England that was enforced by canonical courts

Precedent

Legal principle ensuring that previous judicial decisions are considered and incorporated into future cases

Stare decisis

To stand by things decided, formal practice of adhering to precedent

Modern legal codes

Exist at different levels in government and come in several different forms (penal code)

Administrative regulations

Rules promulgated by government agencies that have received authority from executive or legislative branch

Constitutions

Define government structure and spell out rights people enjoy

Presumption

Fact assumed to be true under the law

Presumption of innocence

Assumes every person charged with a crime is innocent until proven otherwise

Bill of Rights

First ten amendments to the U.S. constitution announces limitations on government authority

14th Amendment

Used by U.S supreme court to make certain protections specified in Bill of Rights applicable to states

Fourth Amendment

Rights to be free of unreasonable search with specific warrant requirements

Fifth Amendment

Grand juries are necessary against indictments and protection against self incrimination

Sixth Amendment

Right to speedy and public trial, impartial juries and process

Eighth Amendment

Protection against cruel and unusual punishment with no excessive bail

Substantive due process

Protecting life, liberty, and property interest

Procedural due process

Concerned with ensuring fairness

Adversarial justice system

Two competing sets of interests working against each other in pursuit of truth

Adversarialism

Promotes argument, debate, and openness as defense against oppressive government

Torts

Civil wrongs recognized by law to be grounds for lawsuit

Tort law

Involves lawsuits to resolve civil wrongs, conduct leads to injuries not acceptable

Strict liability

Do not need intent to be fined

Infractions

Less serious violation of state statute or local ordinance and is punishable by fine

Corpus Delicti

Body of the crime, refers to objective to objective proof of crime

Actus Reas

Prosecutor must show that accused person committed criminal act

Mens Rea

Prosecutor has to prove there was a degree of intent on the offender’s part

Justification defense

Defendant admits to committing the act but claims it was necessary to avoid greater evil

Excuse defense

Defendant claims some personal condition/circumstance was such that they should not be held accountable

Direct control

Ability of legislatives bodies to control courts through the power to create them, set rules, and limits

Indirect control

Controlling courts through power to confirm judicial appointees and set budget for judiciary

Geographical jurisdiction

Organization of courts in distinct regions

Subject matter jurisdiction

Type of case individual courts can adjudicate, some only hear specific cases

Hierarchical jurisdiction

Courts distinct functions and responsibilities at different levels within a single judiciary

Federal jurisdiction

One of three main types referring to authority of federal courts to hear cases touching on U.S. constitution

Diversity jurisdiction

One of three main types referring to authority of federal courts to hear cases of parties from different states/parties

Supplemental jurisdiction

One of three main types referring to authority of federal courts to hear case that didn’t originally have jurisdiction

State jurisdiction

Authority over criminal cases involving state law and civil lawsuits that do not involve federal questions

Court-stripping

Direct control, attempt to take jurisdiction away from courts to review matters

Confirmations

Indirect control by senate ultimately deciding who becomes federal judge, even if president nominates

Budgeting

Indirect control by budgeting courts and withholding appropriate money for judicial branch if disagree

Executive control

Measure of control over courts exercised through executive’s power to appoint judges to bench and the daily presence of prosecutors who work in the courts

Jurisdictional authority

Authority of higher courts to issue decisions that are binding within the lower courts within their jurisdiction

Rule setting

Various rules and guidelines lower courts must follow set by state administrative office of the courts

Methods of dealing with court decisions

Ignoring the higher court’s decision all together and implementing a higher court’s decision sparingly

Voter behavior

Direct control through election of judges and indirect control through election of executives who elect others

Interest groups

Organized private nongovernmental group whose mission is to influence political decisions and policy

Amicus Curiae

Legal brief filed by a person with strong interest on the subject matter of an action seeking to influence the court on behalf of a party but actually a rationale consistent with own views

Professional associations

American Bar Association and state’s bar association

Judicial restraint

Philosophy of limiting decisions to the facts of each case and deciding only the issue that needs to be resolved

Judicial activism

Philosophy of using one’s power as a judge to more than interpret constitution by avoiding precedent and handing down decisions with implications for future

Courtroom work group

Professional courtroom actors, including judges, attorneys, public defenders who earn a living serving in court and can adapt decision-making reference to public

Bar associations

Frequently engage(s) in efforts to promote the independence and autonomy of their states' judiciaries.

The mission of the ________ is to provide law school accreditation, training for attorneys, provide legal information, initiatives to improve the legal system, and develop programs to assist lawyers and judges.

American Bar Association

The ________ is an executive agency that is responsible for prosecuting individuals who violate federal laws and for representing the government in civil cases.

Department of Justice

Which refers to the lawful authority of a court to review a decision made by a lower court; the lawful authority of a court to hear an appeal from a judgment of a lower court?

Appellate jurisdiction

The formal practice of adhering to a precedent is

Stare decisis

Indiana is a…

Fragmented system

Diversity jurisdiction must involve disputed amounts of more than

$75,000

The ____ has grown into a nonprofit thinktank that helps courts and criminal justice agencies aid victims, reduce crime, and improve public trust and justice.

Center for Court Innovation

________ opinions are agreed to by all the judges and tend to be short.

Per curiam

In ________, the Supreme Court declared part of the Military Commissions Act of 2006 unconstitutional and ruled that the Guantanamo Bay detainees who were subject to military tribunals could challenge their confinement in civilian court.

Boumrediene v. Bush

The _____ used protest lawsuits stemming from failed bids for U.S. government contracts.

U.S. Court of Federal Claims

In the controversial case of ______ the court of appeals for 5th circuit decided that Texas University Law School could no longer give preference to African and Mexican Americans.

Hopwood vs. Texas

Categories of civil law

Tort law, contract law, law of succession, property law, family law,