LW 101 CH.2

CH.2 The role of the courts 

What is Dore? - Drug offender Re- entry You will be under the supervision of a U.S. Probation Officer (PO) assigned to the D.O.R.E. team rather than a traditional probation officer. You agree to participate in a drug and alcohol evaluations, and in any and all treatment recommended. You also agree to submit to drug testing as directed by the PO or  treatment provider. In addition to the requirements of actively engaging in treatment, you shall also be required to comply with the general conditions of supervision.  

How do judges get elected? Some judges are appointed by the governors.  The governors recommends them.  

State court sytem organization 

-trial courts ( lower courts)- handle intital cases (criminal,civil,family,small claims, etc,) includes municipal courts, district courts, or circuit courts). 

Intermediate appelate courts 

-review trial courts decisions for legal errors. Not all states have this level 

3.) State supreme court 

-final authority on state constitutional matter. Reviewd significant appeals from lower courts. Each state may have variations, but this strucutre is common.  

Functions of various levels of courts  

Federal trials courts- hear cases involving violations of federal statutes. 

Federal court appeals- an appeal from a u.s district court goes to the u.s court of appeals for curcuit in which the trial was held.  

Who is the chief judge for u.s distric of guam? - Judge Honarable Gatwewood tydingo 

Who is the cheif judge for fsm?- Dennis k Yamese in the cheif justice o 

Who is the cheif judge for Cnmi?-  Ramona v manglona  

What circuit is guam? - The ninth circuit of the united states of the federal system 

U.S supreme court- is the highest level of court in the U.S 

Geographical Jurisdiction of a Court- a court geographical jurisdiction is determined by 

Statue of limitaitions and court power – statue of limitation sets a time limit on when legal actions can be initiated. If the deadline passes. The court lose the power to hear the case Examples: Criminal cases- murder has no limitation but they might have a 5- year limit. Civil cases- personal injury cases may have a 2 or 3 year limit. This ensures fairness and prevents outdated claims from being litigated.  

Trials vs appellate courts 

Fedral vs State courts  

Levels of proof in courts process  

reasonable suspicion – police can stop and question a person  

Probable cause- needed for arrest or a search warrant 

Preponderance of evidence- standard for civil cases  

Clear and convincing 

Direct vs Discretionary appeals 

Procedures for a case to be heard by the U.S Supreme court  

Filling a petition for a writ of certiorari- 

Rule of four- 

Oral arguments-  

Conference and decision- 

Opinion issuance-  

Function of habeas corpus proceedings purpose it ensure that the government does not hold someone without legal justification. 

Use in criminal justice- often used by prisoners claiming their constitutional rights were violated such as ineffective assistance of counsel or improper procedures at trial 

Book and release –free to go 

Book and confined- held back not free 

Important right (Civil rights Act of 1871 to criminal justice personel). Important RIght 

Date somebody who is out of Prison 

Post conviction Proceedings – refer to legal action taken by a convicted individual after their trials and direct appeal have concluded. These proceedings provide a way  

Habeas Corpus petitions  

Federal habeas corpus petition allows a prsioner to challenge the legality of their detention arguing violations of constituitonal rights. 

Summary the courts are called the judicial branch in the U.S  system of government. 

Clemency- governor state or president federal may grant mercy 

Commutation- reduces the sentence but does not erase the conviction 

Pardon- forgives the crime, often restoring certain rights 

Restrictions and limitaitons  

Statue of limitaitons – federal habeas petitions must be filled within one year of the final conviction (AEDPA) Antitterriorism and effective death penalty act) 

Procedural default if a claim was not raised during trial or appeal, it may be barred from post conviction review 

Success petition- courts limit the number of post conviction motions an individual can file.