Courts- Exam 1

Social Contract

A legal agreement between the people and government which allows the people to hold the government accountable

Which of the following is a concept created during the age of enlightenment

All people have natural rights and should be recognized by the government

Crime Control Model maintains

Findings by the court of technical violations allow the guilty to go free

“Law in Action” examines how the written law is applied

True

The federal Supreme Court utilizes previous court decisions in arriving at decisions before it

True

The federal Supreme Court is a fact-finding court

False

“Substantive laws” are the rules that defines people’s rights and responsibilities as they are owed to each other

True

In the Federal Court System, Magistrate courts, district courts and appellate courts are fact-finding courts

False

The number of U.S. Supreme Court Judges was set at nine in the Constitution

False

What is the highest level of proof

Beyond a reasonable doubt

What is the most serious crime

Felony

Personal Jurisdiction

A court’s power over an individual or corporation

Venue or geographical jurisdiction refers to

Location where a particular case can be heard

You must show that you, or a group to which you belong to, have been wronged in order to file a case in court

True

The court of appeals has always been part of Article III of the constitution

False

There are 50 federal circuit courts in the United States

False

The Federal Supreme Court rules on requests for stays in cases coming from Federal Circuit courts

True

Addressing prisoner petitions is one category of Federal questions

True

Strict Constructionist consider broader societal implications when interpreting the constitution, not just the words

False

If you are found guilty in a State criminal court, you can appeal your case directly to the Federal Supreme Court

False

Rapid industrialization in the United States led to

A high volume of litigation, the beginning of the creation of specialty courts, and a growing concentration of population

Trial courts and courts of lower jurisdiction are considered fact-finding courts

True

Fact-finding courts

Judges or juries look at evidence presented and make decisions of guilt or innocence

There are fact-finding courts in the Federal court system as well as in State courts

True

Most court work is done in State Supreme Courts

False

Most states have appellate level courts

True

All State Supreme Courts have nine justices just like the Federal-Supreme Court

False

States’ Three Strike laws are exactly the same as the Federal Three Strike Laws

False

The main purpose of the three strike laws

Increase potential prison time for violent crimes and criminals

Which specialty was the first such court

Drug Court

Drug courts have been shown to be lease effective with

Drunk Drivers

When Drug Court is an option for a defendant, the defendant is very likely to voluntarily enter such a program

False

Specialty Courts encourage a “team” approach to dealing with defendants

True

Domestic Violence courts have shown to be most effective when

The participant completes the program

Mental health specialty courts were created as a result of

A recognition that a great many criminals have mental health issues

How many Federal Districts courts are there in the United States?

94

Due Process Model

Criminal justice model that prioritizes the rights of the accused and the fairness of the legal process

Law on the Books

Laws and rules written down

Difference between Law on the Books vs Laws in action

law on the books is the law as it is written and law in action is how the law is used in practice

Difference between the social control model and the due process model

The crime control model focuses on why people don’t commit crimes (social ties, values, community involvement that deter), while the due process model within the legal system prioritizes individual rights and procedural fairness, ensuring the legal system operates justly and protects suspects from abuse of power

Stare Decis

“let the decision stand” is a legal principle that directs courts to adhere to the previous judgment

Adversarial system

Two sides present their arguments to an impartial judge or jury

How do cases move through the system

Trial, appellate, supreme

History of Federal courts

Judiciary Act of 1789- established the Supreme Court, District Court, and Circuit Courts. The U.S. Court of Appeals act of 1891

Misdemeanor v Felony

A misdemeanor is less serious and punished with a fine and possibly jail time of less than a year (simple assault, vandalism, shoplifting)

Felony- A long prison sentence, fines (drug, violent, theft)

Jurisdiction

Geographical, subject matter, personal, hierarchical, original, appellate

Geographical Jurisdiction and venue

area of land where a court has authority to hear a case

Subject Matter Jurisdiction

Authority of a court to hear a case involving specific type of case or subject matter

Personal jurisdiction

authority to make decisions that affect the person being sued in a lawsuit

Heiriarchial Jurisdiction

structure of a legal system where courts are ranked by their authority and jurisdiction

Original Jurisdiction

Power of a court to hear and decide a case for the first time

Appellate jurisdiction

Power of a court to review and potentially modify or reverse the decisions of lower courts

Development of the Federal Court System

Judiciary Act of 1789 created federal court system

Started with 6 judges

9 judges now

The Evarts Act of 1891 established the modern court of appeals

Issues associated with the development of state courts

Inadequate Funding, Facilities, lax court proceedings, unbalanced case loads

Specialty courts

Therapeutic Jurisprudence, Drug Courts- Participation rates are low, the program takes longer than expected, Domestic Violence Courts- completers were less likely to engage in further violent crimes, Mental health courts- generally effective

Makeup of state Supreme Courts

panel of judges selected by methods outlined in state constitution

Federal Three Strike Laws

requires a person who is convicted of an offense and who has one or two previous serious convictions to serve a mandatory life sentence in prison

State Three Strike Laws

Most states require one or more of the three felony convictions to be for violent crimes 25 years-life

What was the earliest written law and punishment document in history

Code of Hammurabi

What is the name of the set of laws and punishments where severe punishments were the main focus

Draco Code

What innovative concept of laws and governing was established by the Magna Carta

Limit the power of the King and recognizing the rights of the people