Intro to CJ- pearson chapter 7

Courts of last resort

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

appellate jurisdiction

the lawful authority of a court to review a decision made by a lower court

How many regional courts of appeal are there in the United States

12

There are ____ federal judicial districts

94

State court administrators

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

Bail bonds

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. The bail bond is signed by the person to be released and by anyone else acting in her or her behalf.

Competent to stand trial

A finding by a court, when the defendants 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 had 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 juries

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 sufficient 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 laws

A law intended to prevent the pretrial release of a criminal defendant ms judged to represent a danger to other in the community

Community courts

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

Matt's attorney filed an appeal in a US court of appeals to review Matt's convictions in a rape case. The attorney appeals on the basis that matt was only 16yrs old at the time of trial but was tried as an adult. Which of the following types of appeal is indicated in this scenario?

A non consensual appeal

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 can not provide the basis for later civil suits that might follow a criminal conviction

Preliminary hearing

A proceeding before a judicial office 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.

Brian a suspect in a robbery case signed a document which says the trial court of Alabama can see use his house and car if he does not appear on his trial date which of the following alternatives to bail does this scenario illustrate

A property bond

Dennis is arrested for speeding and causing a minor accident. The arresting officer release him after he gives a written assurance that he will appear for trial. Which of the following alternatives to bail has Dennis used in this scenario?

A signature bond

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.

A preliminary hearing is a proceeding before a judicial officer in which of the following matters must be decided

All of the above

What type of cases are not heard by the state court?

Alleged violations of federal law

first appearance

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

Prosecutor

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

Dispute resolution centers

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

Trial

And criminal proceedings the examination in court of the issues of fact and relevant law in a case for the purpose of conducting or a quitting the defendant

Judge

And elected or appointed public official who precise over a court of law and who is authorized to here and sometimes to decide cases into conduct trials

Exculpatory evidence

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

Which of the following alternatives to bail places a quart in the role of a bond agent allowing A defendant to post a percentage of full bail with the court

Deposit bail

Which of the following scenarios illustrates an arraignment?

Arun, an accused in a homicide case, is presented before a trial court with original jurisdiction for the first time. The judge allows him to enter a plea

Which of the following is an example of an original jurisdiction case

Brian is arrested for identity theft and is tried in a state trial court

Which of the following was not suggested by proponents of state court reform in order to create a uniform judiciary model for all states?

Combining original & appellate jurisdiction.

High level appellate courts are also referred to as _____

Courts of last resort

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, & 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 primary jurisdiction on all issues not delegates 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.

In context of pretrial activities, the purpose of bail is to _______

Ensure reappearance of an accused

The US court system is comprised of what two types of courts?

Federal & state

At which stage of the hearing or defendants brought before a judge to possibly be afforded the opportunity for bail

First appearance

Which Supreme Court case held that new evidence of innocence in no reason to order a new state trial when constitutional grounds are lacking?

Herrera vs Collins

Plea

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

A formal written accusation submitted to the court by a prosecutor, allegiant that a specified person has committed a specified offense is called a ____

Information

Which of the following cases is most likely to be tried in a lower court?

Jim accidentally crashed his car into another car causing minor damages

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

______ is the power of a court to reconsider the actions and decisions made by other agencies of government

Judicial review

Specialized courts

Low level courts that focus on relatively minor offenses and handles special populations or addresses special issues such as reentry. Specialized courts are often a form of community courts.

Which of the following statements is true of state courts in the US?

Most criminal courts can be classified within a three-tiered structure

A state court systems developed which of the following court models was copied by most states

New York State field code of 1848

Bob cosigned all of his stock holdings to the court as collateral against pretrial flight what type of bail did he post

Property bond

Which of the following cases is most likely to be settled in a dispute resolution center

Robert is caught stealing groceries from a local store

In which US Supreme Court case was the courts authority as the final interpreter of the US Constitution established

Sell v us

Which of the following statements is true about dual court system in the US?

State courts do not hear cases involving violations of federal law.

Arraignment

Strictly, the hearing before a court habit 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

Which of the following is not a characteristic of the US Supreme Court

The US Supreme Court justices serve for eight years

Which of the following statements is true of the US Supreme Court?

The court has the capacity for judicial review of statues and lower court decisions

Prosecutorial discretion

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. important form of prosecutorial discretion lies in the power to charge or not to charge. Person with an offense

Bail

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

Judicial Review

The power of the courts to review actions and decisions made by other agencies of government.

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

Court room work group

The professional Court room actors including judges prosecuting attorney's defense attorneys public defenders and others who earn a living serving the court

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 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.

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 appeals, and the US Supreme Court.

On appeal went to court trial of general jurisdiction offers a new trial instead of the review of the lower courts decision it is giving a _____

Trail de novo

Which of the following provides the appellats level for courts of limited jurisdiction

Trial courts of general jurisdiction