Ch.7 Study Guide The Courts

Court of last resort

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

state court administrator

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

Bail bond

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or her behalf.

Competent to Stand trial

A finding by a court, when the defendant's sanity at the time of trial is at issue, that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceedings against him or her.

Information

A formal written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense.

Indictment

A formal written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony.

Grand Jury

A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine whether there is enough evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or official.

Danger law

A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community.

Community court

A low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale, that emphasizes problem solving rather than punishment, and that builds on restorative principles such as community service and restitution.

Specialized courts

A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry. Specialized courts are often a form of community courts.

nolo contendere

A plea of "no contest." A no-contest plea is used when the defendant does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits that might follow a criminal conviction.

Preliminary hearing

A proceeding before a judicial officer in which three matters must be decided: 1. Whether a crime was committed. 2. Whether the crime occurred within the territorial jurisdiction of the court, and 3. Whether there are reasonable grounds to believe that the defendant committed the crime.

State Court System

A state judicial structure; most states generally have at least three court levels: trial courts, appellate courts, and a state supreme court.

First Appearance

An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held. At this stage in the criminal justice process, bail may be set or pretrial release arranged.

dispute-resolution center

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

Courts of limited jurisdiction

Courts of law that have jurisdiction on a restricted range of cases, primarily lesser criminal and civil matters, including misdemeanors, small claims, traffic, parking, and civil infractions. Such courts are also called inferior courts or lower courts. They can also handle the preliminary stages of felony cases in some states.

Courts of General jurisdiction

Courts of law with primarily jurisdiction on all issues not delegated to lower courts. Most often called major trial courts, they most often hear serious criminal or civil cases. Cases are also designated to courts of general jurisdiction based on the severity of the punishment or allegation or on the dollar value of the case.

Plea

In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, or does not contest the charge.

Trial de novo

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

How did the American courts develop? Why do we have a dual-court system?

The American courts system needed to decide guilt or innocence and to impose sentences on those convicted of crimes. The reason we have a dual-court system is our nation's founders believed the individual states must retain significant legislative authority and judicial autonomy separate from federal control, so the United States developed a relatively loose federation of semi-independent provinces.

Arraignment

Strictly, the hearing before a court having jurisdiction in a criminal case in which the identity of the defendant is established, the defendant is informed of the charge and of his or her rights, and the defendant is required to enter a plea. Also, in some usages, any appearance in criminal court before trial.

How did the American court system develop? What are some of the unique features of American court history?

The American courts' system needed to decide guilt or innocence and to impose sentences on those convicted of crimes. The unique features of American court history is the first state court developed was in the Massachusetts Bay colony in 1629. By 1776, all the American colonies had established fully functioning court systems. Most state court systems developed one of several models. Such as the New York State Field Code of 1848, the Federal Reorganization Act of 1801, and the Federal Judiciary Act of 1789.

appellate jurisdiction

The authority of a court to review decisions made by lower courts

What are some differences between state and federal courts in America?

The differences between the state and federal court structure is the state court features specialized courts, dispute-resolution centers, state court administrators, state trial courts, and state appellate courts. They sometimes include community court as well. The federal courts also hold jurisdiction in the territories of the United States such as Puerto Rico, Virgin Islands, and Guam.

Describe the structure of the federal court system, including the various types of federal courts.

The federal court system consists of The U.S. Courts of Appeal, The U.S. District Courts, and The U.S. Supreme Court. The various types of federal courts consist of United States Courts of Appeals (12 Circuits) under that branch it contains 94 District courts, including Territorial Courts or (basic federal trial courts) and United States Tax Court, after that it's the United States Court of Appeals for the Federal Circuit which holds the United States Court of International Trade, the United States Claims Court, and the United States Court of Veteran Appeals. The final federal court is the United States courts of Military Appeals consists of Army, Navy, Marine Corps, Air Force, and Coast Guard Courts of Military Review.

Original jurisdiction

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. The authority may be over a specific geographic area or over particular types of cases.

Bail

The money or property pledged to the court or deposited with the court to affect the release of a person from legal custody.

Judicial Review

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

Describe the pre-trial steps and activities.

The pre-trial steps/activities are first appearance, pretrial release, then Bail. For first appearance either has or not a probable cause, the different type of bail bonds, and early intervention programs. After pretrial release, the Grand Jury hears evidence presented by the district attorney or prosecutor and determine if that evidence is enough to accuse the defendant. Then, the grand jury turns into the preliminary hearing part of trial. Finally, arraignment and the Plea is entered at this point in the trial.

release on recognizance (ROR)

The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

Plea bargaining

The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case.

Pretrial release

The release of an accused person from custody, for all or part of the time before or during prosecution, upon his or her promise to appear in court when required.

Appeal

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

Property bond

The setting of bail in the form of land, houses, stocks, or other tangible property. In the event that the defendant absconds before trial, the bond becomes the property of the court.

What steps are taken before a criminal trial?

The steps taken before a criminal trial are first appearance, pretrial release, bail, The Grand Jury, and Arraignment and the Plea.

Jurisdiction

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

Federal Court System

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

What types of court exist at the state, federal, and local level and what jurisdiction do they have?

The types of existed courts at the state, federal, and local level are the U.S District Courts, The U.S. Court of Appeals, and The U.S. Supreme Court. The state courts consist of State Supreme court, Court of Appeals, and Superior Court. Local level courts are specialized courts, dispute-resolution centers, and community courts. The jurisdiction they all have are original, appellate, courts of limited, and courts of general jurisdiction.

Describe the typical state court system, including some of the differences between the state and federal court structure.

The typical state court system includes the State Supreme court, Court of Appeals, and Superior court. The differences between the state and federal court structure is the state court features specialized courts, dispute-resolution centers, state court administrators, state trial courts, and state appellate courts. They sometimes include community court as well.