Intro to courts exam 1

" Social change:

" Process whereby ideas and or practices are modified either actively or passively, or naturally.

How many US circuit courts of appeal are there?

13

Right to jury trial amendment

6th amendment

What amendment is the right to council

6th amendment

How many districts courts are there?

94

Defense attorneys

A lawyer who represents a client accused of a crime

Dual court system

A system consisting of a separate judicial structure for each state in addition to a national structure. Each case is tried in a court of the same jurisdiction of the law or law that were broken.

Self representation

Acting as ones own defense attorney in criminal proceeding.

Backdooring hearsay evidence

Action by prosecutor where prosecutor comments about or mentions information that is inadmissible in court Ex remarks made infront of jury

" Civil law:

All state and federal law pertaining to noncriminal activities, also referred to as municipal law. Laws pertain to private rights and remedies. A body of formal rules established by any society for its self-regulation.

Prosecutorial misconduct

Any deliberate action that violates ethical codes or standards governing the role of prosecutors. Intended to injure defendants.

Uniteds states circuit court of appeal

Appellate courts form US district court decisions are appealed.

How are federal district judges picked?

Appointed by the president with approval of the senate

Appellate courts

Are called courts of law because they do not determine the facts of the case. Rather they are charged with determining whether the law has been applied correctly.

Prosecutorial bluffing

Attempt to bluff the defendant into believing the case is much stronger than it really is.

" Common law:

Authority based on court decrees and judgments that recognize affirm and enforce certain usages and customs of the people. Laws determined by judges in accordance with their ruling.

Federal district courts

Basic trial courts for federal govenement that try all criminal cases and have extensive jurisdiction.

" Substantive law:

Body of law that creates, discovers, and defines the rights and obligations of each person in society. Prescribes behavior whereas procedural law prescribes how harmful behavior is handled.

" Criminal law:

Body of law that defines criminal offenses and prescribes punishments (substantive law) and that delineates criminal procedure (procedural law)

Types of judges

Circuit court, US district court, US magistrates,

" Dispute resolution:

Civil action intended to resolve conflicts between two parties, usually a complainant and defendant.

" Limited jurisdiction:

Courts that are granted the legal authority to hear misdemeanor cases or the preliminary stages of felony cases.

Trial courts

Courts where guilt or innocence of defendants is established. Maybe criminal or civil.

Defense right to council

Defendant has the right to be represented by an attorney

Judicial misconduct

Departure of a judges from accepted modes of conduct after becoming a judicial official. Ex bribes,

Partisian elections

Elections in which candidates endorsed by political parties are presented to the voters selction

Harmless error doctrine

Errors of a minor nature and not deemed sufficient to harm the rights of parties in a legal action. Cases can not be reversed with this doctrine.

Brady materials

Exculpatory evidence must be disclosed trough discovery to defense council by the prosecution.

Original jurisdiction

First authority over a case or cause as opposed to appellate jurisdiction

" Social control:

Informal and formal methods of getting members of society to conform to norms, folkways and more.

United state magistrate

Judges who fulfill the pretrial judicial obligation of the federal courts.

" Critical legal studies:

Movements involving an examination of the entire legal system recognizes that law is subjective rather than objective.

Impeachment

Proceeding for the removal of a political officer such as governor, president or judge

Malicious prosecution

Prosecution action against someone without probable cause or reasonable suspicion

Circuit courts

Refers to courts with several counties or districts within their jurisdiction

" Procedural law:

Rules that specify how statues should be applied against those who violate the law. Procedures whereby the substantive laws may be implemented.

Judicial appoinemtn

Selection of judges by political figures, such as governors or presidents

Concurrent jurisdiction

Situation in which offender many be heal accountable in several different jurisdictions simultaneously. Courts in the same jurisdiction.

Recall election

Special election called to remove a political or judge from office

Exclusive jurisdiction

Specific jurisdiction over particular kinds of cases. Ex US Supreme Court has the authority to hear cases involving diplomats.

Inffective council

Standard way for determining whether client is defended in a competent way. Strictland v Washington

United States district courts

The basic trail courts for federal civil and criminal actions

" Administrative law:

The body of law, rules, orders, and regulations created by an administrative agency.

Supreme courts

The federal court of last resort.

" Jurisdiction:

The power of a court to hear and determine a particular types of case. Also refer to territory within which court may exercise authority such as a city, county, or state.

" Subject matter jurisdiction:

The type of case a court can hear.

" Higharcheal jurisdiction:

Trial courts that decide the case and appellate courts decide if the law was applied correctly in a case.

" Criminal courts:

Tribunals handling criminal cases. May also handle civil cases, and are then called criminal courts only in reference to the criminal cases that they handle.

" General sessions court:

Tribunals in particular states with limited jurisdiction to hear misdemeanor cases and some low level felony cases.

" Social jurisprudence:

View that holds that part of law should be devoted to making or shaping public policy any social rules.

" Legal realism:

View that law and society are constantly evolving and that law should ne the means to a social end rather than an end in itself.

Non partisan election

Voting process in which candidates who are not endorsed by political parties are presented to the voters for selection

" General jurisdiction:

basically felony trail courts, refereed to as courts of fact.

" Geographic jurisdiction:

defines the limits of a courts authority.

What is the role of the prosecution responsible for?

devising the best strategies for winning cases. They must interview witnesses, victims, closely work with law enforcement and forensic teams.

Client confidentiality

information that cannot be disclosed. Ex juvenile are maintained under secure circumstances

Exculpatory evidence

qshows the defendants innocence.

inculpatory evidence

shows the defendants guilt