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43 Cards in this Set
- Front
- Back
activist judge
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a judge who is said to act as an independent policy maker by creatively interpreting constitutions and statues
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state courts
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where virtually all criminal cases are tried. (car crash, eviction, divorce, drunk driving, murder)
2 kinds of court cases: criminal & civil |
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criminal court case
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violation of law with the gov. prosecuting the alleged perpetrator or criminal
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civil court case
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disputes between 2 private parties. Individuals typically sue eachother for financial judgments
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trial court
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first level of court system; reach settlement or plea bargain to go to trial
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intermediate appellate court
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reviews trial record to see if any errors were made. If parties still unhappy they appeal to the state supreme court
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state supreme court
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can pick and choose cases, usually require clarification of law. Resolution can set precent. Highest legal body in state court system
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trial courts
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most cases settled through plea bargains or settlements. When they go to trial, go to court of first intstance where case is introduced and nothing is settled. Typically jury decides outcome
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bench trial
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no jury present and judge decides the facts
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general jurisdiction trial court
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hear any civil or criminal case that have not been assigned to a special court
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limited or special jurisdiction
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hear cases that are statutorily limited by either the degree of seriousness or the types of parties involved. Ie, juvenile offenders or drug abusers
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appeals court
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in order to appeal you must state that there were legal errors that occured. some courts require error be prejudicial, which means error could have effected outcome
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discretionary jurisdiction
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court decides whether or not to grant case review
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mandatory jurisdiction
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court required to hear every case
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en blanc
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appeals court session in which all judges hear a case together
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panels
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group of usually 3 judges hear a case together
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method for selecting judges
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1. popular election
2. appointment |
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pure appointment systems
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judicial selection in which the governor or president appoint judges alone without a nominating committee
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merit selection systems
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uses nominating committee to select judges
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retention elections
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judge runs uncontested & vote yes or no if wish to retain judge in office
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federal court term length for judges
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life terms, judges can be removed through the impeachment process
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federal judge salarie
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can never be changed
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prosecutor
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pursues the case on behalf of the people and usually seeks incarceration of the accused. make decisions of whether or not to prosecute and who to prosecute
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public defender
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gov. lawyer that provides free services if offender cannot afford a lawyer
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indictment
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a formal criminal charge from a grand jury
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jury nullification
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jury decision that case should not have been brought to court
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felony
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serious crime such as murder or arson
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misdemeanor
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a less serious crime such as shop lifting
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assigned model
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private lawyer selected by the courts to handle particular cases and paid public fund
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contract model
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private attorney who enters into agreements witht he state, county or a judiciary district. work on a fixed-fee basis per case or for a specific time period
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fixed fee
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fixed fee for a certain time period, must take as many cases that come up in that time period
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6th amend.
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right to jury trial granted by this amendment
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voire dire
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the interviewing and examination of potential jurers
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peremptory challenges
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lawyers dismissing potential jurers for any reason except race or gender
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defendants rights under bill of rights
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right to: be presumed innocent until proven guilty, be safe from arrests or searches and seixures unless probable cause, a lawyer, a jury trial, confront witnesses, due process and equal protection laws, punishment that is not cruel and unusual
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victims rights
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guarantee that crime victims recieve monetary compensation, notice of procedural developments in case, protection from offender harm, and more attentive treatment from the justice system
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mandatory minumum sentence
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shortest sentence offenders may recieve, court canot choose to shorten sentence
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habitual offender laws
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harsher sentences on offenders who have previously been sentenced for crimes
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truth in sentencing laws
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give parole board less authority to shorten sentences for good behavior by specifying the proportiong of a sentence for good behavior by specifying the proportion of a sentence an offender must serve before becoming elligible for parole
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problem solving courts
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deal with low level non violent crimes. ex. domestic violence, mental health & drug treatment courts
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recidivism
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a return or relaps into criminal behavior
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alternative dispute resolution
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a way to end disagreement by means other than litigation. it usually involves the appointment of a mediator to preside over a meeting between the partners
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magistrates
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local officials or attorneys granted limited judicial power
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