Pols Ch 9

Front 1

activist judge

Back 1

a judge who is said to act as an independent policy maker by creatively interpreting constitutions and statues

Front 2

state courts

Back 2

where virtually all criminal cases are tried. (car crash, eviction, divorce, drunk driving, murder)

2 kinds of court cases: criminal & civil

Front 3

criminal court case

Back 3

violation of law with the gov. prosecuting the alleged perpetrator or criminal

Front 4

civil court case

Back 4

disputes between 2 private parties. Individuals typically sue eachother for financial judgments

Front 5

trial court

Back 5

first level of court system; reach settlement or plea bargain to go to trial

Front 6

intermediate appellate court

Back 6

reviews trial record to see if any errors were made. If parties still unhappy they appeal to the state supreme court

Front 7

state supreme court

Back 7

can pick and choose cases, usually require clarification of law. Resolution can set precent. Highest legal body in state court system

Front 8

trial courts

Back 8

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

Front 9

bench trial

Back 9

no jury present and judge decides the facts

Front 10

general jurisdiction trial court

Back 10

hear any civil or criminal case that have not been assigned to a special court

Front 11

limited or special jurisdiction

Back 11

hear cases that are statutorily limited by either the degree of seriousness or the types of parties involved. Ie, juvenile offenders or drug abusers

Front 12

appeals court

Back 12

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

Front 13

discretionary jurisdiction

Back 13

court decides whether or not to grant case review

Front 14

mandatory jurisdiction

Back 14

court required to hear every case

Front 15

en blanc

Back 15

appeals court session in which all judges hear a case together

Front 16

panels

Back 16

group of usually 3 judges hear a case together

Front 17

method for selecting judges

Back 17

1. popular election
2. appointment

Front 18

pure appointment systems

Back 18

judicial selection in which the governor or president appoint judges alone without a nominating committee

Front 19

merit selection systems

Back 19

uses nominating committee to select judges

Front 20

retention elections

Back 20

judge runs uncontested & vote yes or no if wish to retain judge in office

Front 21

federal court term length for judges

Back 21

life terms, judges can be removed through the impeachment process

Front 22

federal judge salarie

Back 22

can never be changed

Front 23

prosecutor

Back 23

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

Front 24

public defender

Back 24

gov. lawyer that provides free services if offender cannot afford a lawyer

Front 25

indictment

Back 25

a formal criminal charge from a grand jury

Front 26

jury nullification

Back 26

jury decision that case should not have been brought to court

Front 27

felony

Back 27

serious crime such as murder or arson

Front 28

misdemeanor

Back 28

a less serious crime such as shop lifting

Front 29

assigned model

Back 29

private lawyer selected by the courts to handle particular cases and paid public fund

Front 30

contract model

Back 30

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

Front 31

fixed fee

Back 31

fixed fee for a certain time period, must take as many cases that come up in that time period

Front 32

6th amend.

Back 32

right to jury trial granted by this amendment

Front 33

voire dire

Back 33

the interviewing and examination of potential jurers

Front 34

peremptory challenges

Back 34

lawyers dismissing potential jurers for any reason except race or gender

Front 35

defendants rights under bill of rights

Back 35

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

Front 36

victims rights

Back 36

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

Front 37

mandatory minumum sentence

Back 37

shortest sentence offenders may recieve, court canot choose to shorten sentence

Front 38

habitual offender laws

Back 38

harsher sentences on offenders who have previously been sentenced for crimes

Front 39

truth in sentencing laws

Back 39

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

Front 40

problem solving courts

Back 40

deal with low level non violent crimes. ex. domestic violence, mental health & drug treatment courts

Front 41

recidivism

Back 41

a return or relaps into criminal behavior

Front 42

alternative dispute resolution

Back 42

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

Front 43

magistrates

Back 43

local officials or attorneys granted limited judicial power