Criminal Courts

Dual system

One national court system, 750 state systems, adds complexity

Writ of certiori (cert)-

Order issued by an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case.

Trial court versus appellate court-

- Trail courts- Judicial body of primarily original jurisdiction in civil or criminal cases. Juries are used, and evidence is presented. Apellate Courts- Hears appeals from trial courts on points of law

Trial Courts of General Jurisdiction

2000 major trial courts in the 50 states and the District of Columbia. More than 11,000 judges are staffed. Have the legal authority to decide all matters not specifically delegated to lower courts

Trial court of limited jurisdiction

A lower-level state court, such as a justice of the peace court, whose jurisdiction is limited to minor civil disputes or misdemeanors.

Routine administration-

A matter that presents the court with no disputes over law or fact.

Geographical jurisdiction-

Area over which courts can hear and decide disputes

Federal question

Case that contains a major issue involving the US constitution or US laws or treaties.

Normal crime

Categorization of crime based on the typical manner in which it is committed, the type of defendant who typically commits it, and the typical penalty to be applied.

Intermediate court of appeals

Judicial bodies falling between the highest, or supreme, tribunal and the trial court; created to relieve the jurisdictions highest court of hearing a large number of cases.

Bankruptcy judge

Judicial officer who presides over the legal procedure under federal law by which a person is relieved of all debts after placing all property under the courts authority. An organization may be recognized or terminated by the court in order to pay off creditors.

Hierarchical jurisdiction-

Refers to differences in the function of courts and involves original as opposed to appellate jurisdiction.

Discretion

The lawful ability of an agent of the government to exercise choice in making a decision.

Assembly-line justice

The operation of any segment of the CJ system in which excessive workloads result in decisions being made with such speed and impersonality that defendants are treated as objects to be processed rather than as individuals.

Jurisdiction

The power of the court to decide a dispute.

Courtroom work group

The regular participants in the day to day activities of a particular courtroom; judge, prosecutor, and defense attorney interacting on the basis of shared norms.

Subject matter jurisdiction-

Types of cases courts have been authorized to hear and decide.

Diversity of citizenship

When parties on the opposite side of a federal lawsuit come from different states, the jurisdiction of the US district courts can be invoked if the case involves a controversy concerning $75,000 or more in value.