Chapter 9

U.S. Supreme Court

the highest court of the United States; it sits at the top of the federal court system. Nine Justices - Appointed same as previous federal judges - Has the authority of judicial review: The power of a court to review actions and decisions made by other agencies of government - Marbury v. Madison (1803): Established how the constitution is interpreted.

prosecuting attorney

- An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed a criminal offense. - Act behalf of the state because of the belief that crimes are an affront to the public - Most are elected - Often act as a legal adviser to police departments - In court they: Introduce evidence against the accused, steer the testimony of witnesses argue in favor of conviction - What is presumed in a trial. Innocent until proven guilty - So the burden of demonstrating guilt beyond a reasonable doubt falls on them

U.S. Supreme Court

- Can accept cases from both US courts of appeals and state supreme courts - Four justices must vote in favor of hearing it - Will only pick cases that involve a substantial federal question - Term begins first today in October and lasts until early July - Concurring opinion: agree with the court's judgement but for a different reason - Dissenting opinion: Do not agree with the court's opinion

The judge

- Elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials - Holds the ultimate authority in the courtroom - Sentence Offenders - Requires one to have a law degree, be a licensed attorney, and a member of the state bar.

U.S. Disctrict Court

- Have jurisdiction to hear nearly all categories of federal cases- including both civil and criminal - There are 94 federal districts, including at least one district in each side. - District court judges appointed by the president, confirmed by the Senate, and serve for life. - US court of Appeals: 94 districts are organized into 13 circuits and each circuit has a court of appeals - Hears appeals from district courts located within its circuit, along with appeals from decisions of federal administrative agencies - Consists of six or more judges who are appointed in the same manner as district court judges

State Trial Courts

- Where criminal cases begin - Conducts arraignments - Sets Bail - Takes pleas - Conducts trials - Imposes sentences

State Court System

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

Adversarial Process

A term describing the manner in which U.S. criminal trial courts operate; a system that requires two sides, a prosecution and a defense

State Appellate Courts

Courts where an individual can appeal a decision against them

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.

appellate jurisdiction

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

courtroom work group

The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court..

Appeal

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

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.

The U.S. District Courts are the:

Trial courts for the federal system

Intermediate Appellate Courts

courts that examine allegations concerning uncorrected errors that occurred during trials; usually called courts of appeals in state and federal court systems. Some states have this. (- It is not a new trial - it is an examination of the records)