Ch 8

concurrent jurisdiction

The situation that occurs when two or more courts have the authority to preside over the same criminal case.

In Maryland v. Shatzer (2010), where the Court considered and rejected the suspect's claim, in which a sexual abuse suspect invoked his Miranda rights, spent more than two years in prison (for an unrelated crime), and then waived his Miranda rights, is an example of:

statutory interpretation.

opinions

Written statements by appellate judges expressing the reasons for the court's decision in a case.

State courts include several levels or tiers. Which of the following is not included as one of those levels or tiers?

U.S. district courts

Which of the following is NOT one of the levels of the state court system?

United States Supreme Court

At the state level, courts of ______ jurisdiction have no restrictions on the subject matter they may address.

general

The authority of a court to hear and decide cases within a geographic territory is called:

geographic jurisdiction.

The court's crime control function emphasizes punishment and

retribution

judicial misconduct

A general term describing behavior—such as accepting bribes or consorting with known felons—that diminishes public confidence in the judiciary.

adversary system

A legal system in which the prosecution and defense are opponents, or adversaries, and present their cases in the light most favorable to themselves.

Missouri Plan

A method of selecting judges that combines appointment and election.

List the three basic features of an adversary system of justice.

A neutral decision maker (judge or jury); presentation of evidence from both parties; and a highly structured set of procedures that must be used when evidence is presented.

magistrate

A public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant.

writ of certiorari

A request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court's willingness to review the case.

rule of four

A rule of the United States Supreme Court that the Court will not issue a writ of certiorari unless at least four justices approve of the decision to hear the case.

Five justices, representing a majority of the United States Supreme Court, must agree to hear a case before a writ of certiorari will be issued.

False

Magistrates are no longer utilized in the American court system.

False

The Superior Court is the final interpreter of the Constitution.​

False

What number of justices must agree to take a case in order for the Supreme Court to issue a writ of certiorari?

Four

problem-solving courts

Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence.

dissenting opinions

Separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case.

concurring opinions

Separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.

If a person commits a crime that breaks both federal law and state law, which of the following will occur?

State and federal prosecutors will decide who tries the case based on a number of different factors such as caseload and public notoriety.

courtroom work group

The social organization consisting of the judge, prosecutor, defense attorney, and other court workers.

oral arguments

The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons why the court should rule in his or her client's favor.

Explain the difference between trial and appellate courts.

Trial courts are courts of the first instance, where a case is first heard. Appellate courts review the proceedings of a lower court. Appellate courts do not have juries.

Which of the following is not a federal court?

Tribal Court

The courtroom work group differs from a traditional work group at a company as each participant answers to a different sponsoring agency.

True

The due process function of the court is concerned with protecting individuals from the unfair advantage that the government has with its vast resources.

True

Assembly-line justice is best described as:

a court system so overburdened that its employees are more interested in speed and efficiency than in making sure that justice is served in each trial.

The United States Supreme Court is:

both a court of origination and appellate court.

Out of administrative necessity, the _____________ of the courts is concerned with speed and efficiency in dealing with the cases brought before it.

bureaucratic function

The ________ of the courts emphasizes punishment and retribution—criminals must suffer for the harm done to society, and it is the courts' responsibility to see that they do so.

crime control function

The separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level, is known as the _____________.

dual court system

The ____________ of the courts is to protect individuals from the unfair advantages that the government—with its immense resources—automatically enjoys in legal battles.

due process function

Pretrial actions can include all of the following except:

juror expulsion.

During pretrial activities, a judge may handle all of the following, except:

jury selection.

Federal judges, once seated, serve a:

life term.

In the state court system, which of the following would be best described as a "court of limited jurisdiction"?

lower court

During pretrial activities, the judge takes on the role of _____________________.

negotiator

Trial courts are concerned with ______________________.

questions of fact

The ___________ of the courts views criminals as analogous to patients, and the courts perform the role of physicians who dispense "treatment."

rehabilitation function

Courts having appellate jurisdiction act as:

reviewers of cases concerned with questions of law.

The term dual court system refers to:

the separate but interrelated system of federal and state courts.

Which of the following is another name used for courts having "original jurisdiction" or "first instance" courts?

trial courts

Cases are petitioned to the U.S. Supreme Court by way of a:

writ of certiorari.

According to the text, case overload is problematic, and it is directly associated with:

assembly-line justice.

The U.S. Supreme Court's appellate authority extends to cases decided by the U.S. Court of Appeals as well as over some cases decided in the state courts:

when federal questions are at issue.

Explain briefly how a case is brought to the Supreme Court.

Cases decided in U.S. courts of appeals, as well as cases decided in the highest state courts (when federal questions arise), can be appealed to the Supreme Court. If at least four justices approve of a case filed with the Supreme Court, the Court will issue a writ of certiorari, ordering the lower court to send the Supreme Court the record of the case for review.

trial courts

Courts in which most cases usually begin and in which questions of fact are examined.

appellate courts

Courts that review decisions made by lower courts, such as trial courts; also known as courts of appeals.

partisan elections

Elections in which candidates are affiliated with and receive support from political parties.

nonpartisan elections

Elections in which candidates are presented on the ballot without any party affiliation.

______is the formal process by which one legal authority, such as a state or a nation, transfers a fugitive or a suspect to another legal authority that has a valid claim on that person.

Extradition

____________courts review decisions made by a trial court and decide if a case should be reversed or remanded.

Appellate

Outline the several levels of a typical state court system.

At the lowest level are courts of limited jurisdiction, next are trial courts of general jurisdiction, then appellate courts, and finally, the state's highest court.

Outline the federal court system.

At the lowest level are the U.S. district courts in which trials are held, as well as various minor federal courts of limited jurisdiction; next are the U.S. courts of appeals, otherwise known as circuit courts of appeals; and finally, the United States Supreme Court.

The premise of a courtroom workgroup is based on constant interaction that fosters relationships among members. Which of the following does not contribute to the group?

Judges are generally elected or appointed, while prosecutors work for the government and defense attorneys are often hired by private individuals.

Which of the following best describes the viewpoint of those who do not advocate judicial selection by election?

Judges chosen by elections will make rulings favoring campaign contributors over sound principles of law.

Which of the following best describes the viewpoint of those who advocate judicial selection by election?

Judges should be held accountable to those who are affected by their decisions and therefore should be chosen through elections as legislators are.

________________ refers to the power of the court to determine whether a law or action by the other branches of the government is unconstitutional.

Judicial review

Define jurisdiction and contrast geographic and subject-matter jurisdiction.

Jurisdiction relates to the power of a court to hear a particular case. Courts are typically limited in geographic jurisdiction—for example, to a particular state. Some courts are restricted in subject matter, such as a small claims court, which can hear only cases involving civil matters under a certain monetary limit.

As listed in the text, which of the following is NOT considered a state specialty court?

Tax court

A jury in trial court convicts defendant Fraser of murder. Fraser's lawyers file an appeal, claiming that the murder weapon—a shotgun—was obtained as the result of an unreasonable search and seizure. The appellate court agrees. What happens next?

The appellate court will reverse and remand, or send the case back to the original jurisdiction.

jurisdiction

The authority of a court to hear and decide cases within an area of the law or a geographic territory.

impeached

The formal process by which a public official is charged with misconduct that could lead to his or her removal from office.

dual court system

The separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level.

Define and contrast the four functions of the courts.

The four functions are due process, crime control, rehabilitation, and bureaucratic. The most obvious contrast is between the due process and crime control functions. The former is mainly concerned with the procedural rules that allow each accused individual to have a "fair chance" against the government in a criminal proceeding. For crime control, the courts are supposed to impose enough "pain" on convicted criminals to deter criminal behavior. For the rehabilitation function, the courts serve as "doctors" who dispense "treatment." In their bureaucratic function, courts are more concerned with speed and efficiency.

List and describe the members of the courtroom work group.

The judge; the prosecutor, who brings charges in the name of the people (the state) against the accused; the defense attorney; the bailiff, who is responsible for maintaining security and order in the judge's chambers and the courtroom; the clerk, who accepts all pleas, motions, and other matters to be acted on by the judge; and court reporters, who record what is said during a trial as well as at depositions.

docket

The list of cases entered on a court's calendar and thus scheduled to be heard by the court.

Judicial review

The power of a court—particularly the United States Supreme Court—to review the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional.

Describe one alternative, practiced in other countries, to the American method of choosing judges.

The practice of electing judges is quite rare, with the United States being one of the few countries that allows it. Other nations, including France, require candidates for judicial positions (generally law school graduates) to complete an academic program that includes several difficult exams and has a low success rate.

Explain the difference between the selection of judges at the state level and at the federal level.

The president nominates all judges at the federal level, and the Senate must approve the nominations. A similar procedure is used in some states. In other states, all judges are elected on a partisan ballot or on a nonpartisan ballot. Some states use merit selection, or the Missouri Plan, in which a citizen committee nominates judicial candidates, the governor or executive of the state judicial system chooses among the top three nominees, and a year later a "retention election" is held.

Extradition

The process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction's criminal law to the second jurisdiction.

What two factors must the court have jurisdiction over in order to hear a case?

people involved in the case and subject matter

Drug courts, gun courts, domestic violence courts, juvenile courts, and mental health courts would all be considered:

specialty courts with limited jurisdiction under the state court system.

Which of the following is NOT a role of the judge during the trial?​

​Provide the defendant with instructions on the different defense strategies.

Problem-solving courts include all of the following, except:

​justice of the peace.