CJC 250 Exam 2, Chapter 3 & 4 – Flashcards

Whether or not a state supreme court misinterpreted the state's divorce law in an action for marital dissolution.

Motion to grant clemency

Appellate court decisions are always made by a group of judges; decisions are never made by a single judge.

Recommending to Congress appropriate modifications of substantive criminal law and sentencing procedures.

Review denials by the Foreign Intelligence Surveillance Court of applications for electronic surveillance warrants.

Uniform Code of Military Justice

No longer allowing inmates to proceed pro se in civil rights actions.

Mandamus

The application and interpretation of a statute enacted by Congress.

A challenge of a criminal conviction based on the argument the trial was constitutionally defective.

Dual Court System ; 51 separate court systems

Certain issues including crime bring about overlapping authority; state proceedings can rests in a federal appeal if a federal issue exists

Jurisdiction (Authority) NOT HIERARCHY

the power of a court to Decide on a dispute

Geographical jurisdiction and venue, subject-matter jurisdiction, person jurisdiction, and hierarchical jurisdiction

a sovereign's power to punish conduct that violates its criminal law. (states hole geographical jurisdiction over their criminal law)

the geographic location of a trial, which is determined by constitutional or statutory provisions. a defendant can waive a right to venue but cannot mandate a change of venue. a federal case can be moved to another part of the country bc the us holds jurisdiction.

convenience, fair trial

the surrender by one county of an individual accused of a crime in another

the courts authority is determined by the type of case/case. limited courts can only hear misdemeanors

straight forward street crime. the jurisdiction where/what crime was committed holds personal jurisdiction of the persons who committed the crime.

refers to the courts functions and responsibilities i.e. original and appellate jurisdiction

the authority of a court to hear, determined, and render judgement in an action on appeal from an inferior court

jurisdiction in the first instance; commonly used to refer to trial jurisdiction as opposed to appellate jurisdiction. appellate courts have limited original jurisdiction.

establishes a federal judiciary. Section of the U.S. Constitution concerning the judicial branch of the national government

created the U.S. federal district courts.

boundaries of districts are confined to state boundaries, judges will be selected from that districts geographical area, and local federal courts only had limited jurisdiction

Grants the US Supreme Court the power of judicial review; this authority can invalidate acts of congress as unconstitutional. it provides power making the judiciary an equal branch of gov't

Created the U.S. Circuit court of appeals

94 Districts, 89 located in the US, 5 in territories. One district attorney per district

president nominates then and they are then confirmed by the senate

involves a suit of citizens of different states, or US citizens and a citizen of another county. federal courts apply state law in these instances

case that contains a major issue involving the U.S. constitution or U.S. laws or treaties

created by the sentencing reform act of 1984. it was responsible for developing the US sentencing guidelines in 1984 but now it is responsible for reviewing judicial deviations from the advisory guidelines.

made the guidelines advisory rather than mandatory

Made it more difficult to file section 1983 cases (petitions suggesting constitutional rights are being violated in prison)

14. (11 regions) and they review the decisions of the 94 districts courts.

the decisions are final. there is 1 chief justice and 8 associate justices or the supreme court

the court has broad discretion on what cases it chooses to hear. made by the UUSC for the case records of the lower court.

4/9 justices must agree to hear the case for it to move forwards (80-100 cases a year)

covers crime but also punishes acts not criminal for civilians. on a military base, military justice applies to civilian employees. it also covers acts committed by military personnel off base

open to military society, burden of proof is less demanding, 3-5 person juries that are only military personnel, and convictions are automatically appealed

outlines the laws of war including the treatment of prisoners or war

allows for enemy combatants to be tried in military tribunals and be denied habeas corpus

have authority over electronic surveillance of foreign intelligence and the courtroom is held in the US justice department and the proceedings are help in secret.

mandates that telecommunication providers assist the government in intercepting international communications for national security purposes

Offenders who participate in drug courts are less likely to be rearrested and are more likely to hold a job.

All of the above

A court of limited jurisdiction

Justice of the peace courts

These courts review trial proceedings to make sure the law was followed and that the defendant received a fair trial.

Intermediate courts of appeals

Resort

Aversarial adjudication

All of the above

Domestic relations

make up 85% of all courts in the US. Limited jurisdiction to hear low-level offenses. Mostly traffic cases and misdemeanors

Non-felony criminal cases (misdemeanors, less than one year in local jail, max fine of $1000), ordinances(a law enacted by local govt body for the regulation of some activity within the community), traffic offenses

a low level judge, sometimes without legal training, typically found in rural areas of some states, empower to try petty civil and criminal cases and to conduct preliminary stages of felony cases

a trial court of limited jurisdiction created by a local unit of gov't

High caseloads and relatively minor offense in local/city courts

no person can be imprisoned without representation of counsel

A defendant has a right to trial only if the offense is punishable by imprisonment for more than 6 months.

usually referred to as major trial courts. possess the legal authority to decide all matters not specified to the lower courts. mostly street crimes.

Criminal, domestic relations (family), Juvenile, and civil

39/50 and they were created to lessen the caseload of courts of last resort(supreme court)

review cases from general jurisdiction courts to ensure proceedings were fair. no juries but 3 judges

the states highest level court and has final say in all state matter. review matters involving interpretation of state law

address the cause of criminality rather than punish the individual for the crime. judicial bodies collaborate with local service providers.

emphasize non-adversial case processing. treat the cause of criminality as a disease. focus on a team approach of dealing with an offender