Chapter 9: The Courts (Structure And Participants)

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Federal Court System

Back 1

The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court.

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State Court System

Back 2

A state judicial structure.

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Jurisdiction

Back 3

The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

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Original Jurisdiction

Back 4

The lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts.

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Appellate Jurisdiction

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The lawful authority of a court to review a decision made by a lower court.

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Trial de novo

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Literally, "new trial"; term applied to cases that are retried on appeal, as opposed to those that are simply reviewed on the record.

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Court of Last Resort

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The court authorized by law to hear the final appeal on a matter.

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Appeal

Back 8

Generally, the request that a court with appellate jurisdiction review on the judgment, decision or order of a lower court and set it aside (reverse it) or modify it.

Front 9

State Court Administrator

Back 9

A coordinator who assists with case-flow management, operating funds budgeting, and court docket administration.

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Dispute-resolution Center

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An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court.

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Community Court

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A low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale.

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Specialized Court

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A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry.

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Judicial Review

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The power of a court to review actions and decisions made by other agencies of government.

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Courtroom Work Group

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The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court.

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Judge

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An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials.

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Prosecutor

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An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses.

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Prosecutorial Discretion

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The decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on.

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Exculpatory Evidence

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Any information having a tendency to clear a person of guilt or blame.

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Defense Counsel

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A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law.

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Public Defender

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An attorney employed by a government agency or subagency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such service.

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Bailiff

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The court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury.

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Expert Witness

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A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence.

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Daubert Standard

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A test of scientific acceptability applicable to the gathering of evidence in criminal cases.

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Lay Witness

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An eyewitness, character witness, or other person called on to testify who is not considered an expert.

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Subpoena

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A written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence.

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Victims' Assistance Program

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An organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law.

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Juror

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A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law.

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Change of Venue

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The movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction.