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78 terms

Law: Chapter 2

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Intermediate courts are called
Appellate courts
Federal cases involving citizens of different states are known as
Diversity of citizenship
(exceeding 75,000)
Courts that hear cases involving young people are known as
Juvenile courts
Because U. S. Courts of Appeals have the authority to hear cases from lower courts, we say that they have...
appellate jurisdiction
Because their authority extends only to minor matters, local courts are called the courts....
limited jurisdiction
The power and authority given to a court to hear a case and to make a judgment is called...
jurisdiction
Trial courts that handle cases involving major crimes and large amounts of money are called courts of ....
general jurisdiction
Courts that hear civil cases involving limited amounts of money are called
small claims court
courts that are between lower courts and the highest courts are called
intermediate courts
a court that has authority to try a case the first time it is heard is known as a court of ...
original jurisdiction
Federal court system hears cases involving federal matters and cases involving....
Diversity of citizenship
Each state has a separate court system, so there are how many courts in the country?
51
Most states have a family or domestic relations court to handle what?
divorce cases
a minor who has done something that is not an adult crime, such as getting ticket for staying out before curfew, is considered ...
a delinquent child
ADR process which an evaluator examines the facts and the law and makes an evaluation of the legal rights of each party is known as
Early neutral evaluation
A forum for disputes involving scientific and technolgical controversies known as
science court
remedy which asks the court to do what is fair and just is known as
an equitable remedy
first step in a criminal prosecution
the arrest of the defendant
first step of civil trial is...
jury selection
to be constitutional, death penalty laws must include guidelines that ensure all people are treated...
fairly
civil and criminal trials begin ...
differently
Who brings the criminal cases for offenses?
government
Individuals who believe they have been injured initiate what cases?
civil cases
What do some consider instead of paying a lawyer?
ADR
ADR methods are classified into what two categories?
proactive and reactive
Civil trials begin with what?
pleadings
Another name for a plaintiff's allegations?
complaint
Another name for defendent's response?
answer
What is a pretrial?
An informal meeting before a judge. He simplifies and advises the two in dispute.
How is the jury selected?
A random group of people
Why do attorneys question future jurors?
To eliminate those that are bias.
What is done at the beginning of a trial?
opening statements; for which side each attorney intends to prove.
Which side goes first?
plaintiff
What are the types of evidence?
documentary, physical objects, witnesses
What can the defense only be able to do to the plaintiff?
cross-examine witness
What should the judge do?
jury instriction; explain the law
members of jury go to the jury room to deliberate upon what?
the verdict, the decision
What follows the verdict?
court issues a judgement
What are two categories of remedies?
paymen of damages, and an equitable remedy- asking of court to do what is fair
What is specific performance?
remedy in which the plaintiff requests that the defendent do what he or she promised in contract
What is an injunction?
an order by the court to stop the defendent from performing an action
When does an arrest occur?
deprivation of a person's privacy
Arrested people must be informed what?
constitutional rights
Rights of defendent?
to be told of crimes, make call, released on bail, remain silent, talk to an attorney, fair trial, and be presumed innocent until proven guilty
What do members of a jury do when they feel a crime has been committed?
indictment
What is an indictment?
written accusation charging the individual
What follows indictment?
the person is brought to court for arraignment
What arraignment?
the indictment is read to the suspect, and the suspect is asked to plead either guilty or not guilty.
What happens if person is guilty?
judge gives sentence
What happens if defendent does not request jury trial?
The judge decides verdict
What happens after a person has been convicted of a crime?
fines, imprisonment, or the death penalty
What is parole?
person get to go home from jail
Juvenile offenders go where?
juvenile court
How is a juvenile court designed?
Each case is considered individually
Judge hold what to learn whether to keep the accused in custody?
detention hearing
What is begun into the minor's background and home life?
investigation
When does the judge dismiss the charges for minors?
special circumstances
What happens if charges are dismissed for minors?
The judge conducts adjuctory hearing, actual hearing of case in court
Otherwise to settle juvenile cases, the judge may..
allow person to get on probation
place offender in foster home
commit offender to a reform school
Cases under federal court system
actions between state and United States, Diversity of Citizenship(exceeds 75,000) Admirality case-sea, copyright and patent cases, bankrupcy cases
What handles appeals from federal courts?
Court of Appeals for the Federal Circuit
What category and what does the U.S. Claims court do?
civil cases against U.S government; Federal
What category is this court in and what is U.S Court of International Trade head of?
tariffs and import/export taxes; Federal; can appeal to Court of Appeal for Federal Circuit
What category is this court in and what does the U.S. Tax Court do?
tax laws; Federal; can appeal to U.S Court of Appeal
What category and what does the Territorial Court do?
territorial and federal handles laws in U.S. territories
What category is this court in and what does the Court of Military Appeals do?
special appeals for marshalls. military people; can appeal to U.S. Court of Appeals
What is the U.S Supreme Court and what does it do?
It is the highest court that decides matters of appeals for lower court; has original and (*appellate jurisdiction)
ex. ambassodors, U.S ministers, foreign consuls
How many people are in the jury selection?
thirteen
What is U.S court of Appeals also called and how many judges does it have?
three judges; has appellate jurisdiction; do not have juries, no evidence
With what are the U.S Districts responsible?
original jurisidiction; criminal and civil cases
ex. terrorism, bankrupcy; can appeal to Court of Appeals for the Federal Circuit
With what are the State Supreme responsible?
hears appeals from lower courts; deals with state vs. state; original jurisdiction
What is appellate courts?
(intermediate); hears appeals; appellate jurisdiction
What category are General Trials Courts located and what do they do?
general jurisdiction; major crimes ($50,000 and up); hears appeals from lower court; can appeal to State Supreme Court
What category are the Lower Trial courts in and what do they do?
have limited jurisdiction; deals with minor problems such as misdemeanors (50,0000 and lower)
To whom can the Domestic Relations Courts appeal to and what do they deal with?
Can appeal to Lower Trial Courts and deals with divorce/anullments; child support; alimony and disallusion
To whom can the Juvenile Courts appeal to and what do they deal with?
can appeal to Lower Trial Courts; have no jury and cannot be released on bail; proof beyond reasonable doubt; deliquent(16-18) has commited adult crime
unruly- minor has not commited adult crime
abused/neglected child- homeless, destitute, with parental care
Who can the State Supreme Court appeal to?
U.S. Supreme Court
Who can the U.S. Supreme Court appeal to?
Court of Federal Circuit