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33 Cards in this Set
- Front
- Back
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Jurisdiction
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the legal authority or power of a court to hear, pronounce on and decide a case.
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personal jurisdiction
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a court has authority over a person who has a certain characteristic ex: military.
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subject matter jurisdiction
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only deal with a specific subject. The court is restricted to only the cases they can hear. ex: juveniles, bankruptcy court, patent court.
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geographic jurisdiction
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when/where a court can decide cases.
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hierarchical jurisdiction
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the pyramid of courts.
1. original- establish facts 2. appellate |
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remand
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case sent back down to original jurisdiction because of fact change.
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district courts
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-federal trial courts
-94 district courts -magistrate judges -district court never cross state lines |
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federal circuit court of appeals
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-13 federal circuit court
-multiple states clustered into single circuits |
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Supreme court
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-last resort court
-rule of four, four justices must agree to hear case -9 justices total -only constitutionally created court. |
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Judiciary act of 1789
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created district courts
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writ of certiorari
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command to the lower courts by the supreme court to send all info regarding the case to be heard
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limited jurisdiction
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-deal with less serious offenses and civil cases
-may be responsible for issuing warrants (search/arrest) |
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1. booking
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fingerprints/mug shot etc.
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2. initial appearance
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goes to court with limited jurisdiction and is informed of rights, nature of charges, bail is either granted or denied and amount is determined.
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3. preliminary hearing
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magistrate determines if there is probable cause to "bind over" the defendant for trial. Trial date is set.
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grand jury
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consists of 23 people. proceedings not open to public. hear evidence presented by the state. Purpose is to determine if there is enough evidence to go to trial.
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arraignment
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the formal charges held against a person
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pleading guilty
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skip straight to sentencing
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pleading not-guilty
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proceed with trial
no such things as "pleading innocent" |
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standing mute
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refuse to speak
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no contest (nolo contendere)
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accept liability of criminal act but refuse to admit crime was committed by yourself.
*done so no civil action can be taken against you |
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alford plea
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flat out denies criminal act, but accept liability. some states do not allow. skip straight to sentencing.
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Jury
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-must be "disinterested party"
-often 12 members -finders of fact -brought from community where crime was committed |
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voir dire
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potential jury members are interviewed by attorneys and judge. They measure impartiality of jurors.
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Challenge for cause
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attorney believes a juror is bias and asks to have them removed. must have justification. unlimited amount. HAS TO BE DONE BEFORE TRIAL
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Peremptory challenge
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Removing jurors with no justification. Attorneys only have a limited amount.
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the trial
1. opening statement |
-first impression on jury.
-ideas and concepts -defense can wait to make opening statement |
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2. prosecution case-in-chief
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-prosecution has burden of proof, they go first.
-defense attorney cross examines and damages credibility |
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3. defense case-in-chief
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-if didn't make opening statement before, do now.
-interview witness, then prosecutors do. |
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4. closing statement
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pull all evidence together, wrap up. attorneys cannot introduce any new evidence
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5. jury instructions
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judge will explain all crimes and criminal procedures to jurors.
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6. Jury deliberation
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consider all information.
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7. sentencing
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if found not guilty, person goes free and protected from double jeopardy
if found guilty, Judge must look at PSI (pre sentence investigation) which was put together by probation. has history and interview |
