Vocab
Trials
Appeals
Local, State & Federal Courts
The Judicial System in Our Democracy
100
Unbiased:
What is impartial?
100
The fair administration of justice:
What is procedural due process?
100
Formal charge if criminal action by a grand jury:
What is an indictment?
100
Divisions under the U.S Federal Courts system, divided into 12 regional circuits:
What are the regional circuits?
100
Principle or rule established in a previous legal case relevant to a court or other tribunal when deciding subsequent cases with similar issues or facts:
What is precedent?
200
These are laws:
What are set of rules & standards by which a society governs itself?
200
This is the public defender:
What is an attorney who works for the state & defends people who cannot afford a private attorney?
200
This is a plea bargain:
What is an arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges?
200
Consists of judges/attorneys drawn from legal officers from the military branch where the violation occurred:
What is court martial?
200
This is a grand jury:
What is a group that hears charges against suspect & decides whether there is sufficient evidence to bring the person to trial?
300
Federal law, a law written by the legislative branch:
What is a statute?
300
Hears cases about crimes like burglary, murder or driving under the influence of alcohol or drugs:
What is Criminal Trial Court?
300
Court that hears criminal/civil cases operating within the tribal justice system:
What are Tribal Courts?
300
Hears cases where one person/group thinks another person/group should pay for causing harm:
What are civil trial courts?
300
Mistake by a judge as to the applicable law in a case:
What is error of law?
400
Not consistent with a nation’s constitution:
What is unconstitutional?
400
Define the following court roles,, plaintiff, prosecutor, defendant & jury:
What are:
Plaintiff: in a civil trial, the person who brings suit in court
Prosecutor: an attorney who represents the government in a criminal case
Defendant: the person against whom a civil or criminal suit is brought in a court
Jury: a group of citizens who hear evidence during a trial and give a verdict?
400
Compare and contrast at least three aspects between majority opinion, dissenting opinion and concurring opinion differences in the American court structure:
What are:
If judges disagree, two or more written opinions can be issued for the same case
Majority opinion: states the decision of the court
Judges who disagree can issue a dissenting opinion
Dissenting opinion: a document issued by judges who disagree with the majority opinion
Concurring opinion: a document issued by judges who agree with the majority opinion, but for different reasons than those used to support the majority opinion?
400
There are 4 types of main American courts, identify which each court hears which cases:
What are:
Federal Courts- Hear questions of federal law & U.S. Constitution.
State Courts- Hear cases related to state laws/federal laws.
Criminal Trial Courts- Hear cases about crimes, such as burglary.
Civil Trial Courts- Hear cases where one person/group thinks another person/group should pay for causing harm?
400
Compare and contrast at least three aspects between adversarial system and inquisitorial system differences in the American court structure:
What are:
Adversarial System:
A contest between opposing sides with each side trying to present the most persuasive argument
Seeks the truth through examining the evidence and investigation
The defense and the prosecutor and police conduct investigations, argue their case, and present witnesses and the evidence that benefits their argument.
The judge may supervise investigations and decide whether a case should proceed to trial. Evidence is made available in advance to both prosecution and defense. Evidence is made available in advance to both prosecution and defense.
Judges and juries listen but do not question the witnesses or gather evidence.
A judge questions the witnesses and may gather evidence.
A judge’s role is to be impartial, like a referee, and ensure that due process and other rules and guidelines are observed.
Inquisitorial System:
The judge assumes the main role in conducting the trial.
Any criminal case may go to a jury trial.
Juries are only used in very serious cases.
Prejudicial evidence is not presented to juries.
More lenient rules on the admissibility of evidence.
The accused is not required to answer questions.
A judge can require the accused to answer questions?
500
This is Stare Decisis:
What is refers to the principle that courts should follow precedent?
500
PG. 393 in your books showed the steps of the trial process. List the 14 steps in order:
What are:
Step 1: Opening of the court
Step 2: Swearing in of the jury
Step 3: Opening argument by the plaintiff's attorney or prosecutor
Step 4: Opening argument by defendant's attorney
Step 5: Direct examination of plaintiff's or prosecutor's witnesses
Step 6: Cross examination of plaintiff's or prosecutor's witnesses
Step 7: Direct examination of defendant's witnesses
Step 8: Cross examination of defendant's witnesses
Step 9: Judge's final instructions to the jury
Step 10: Closing argument by the plaintiff's attorney or prosecutor
Step 11: Closing argument by defendant's attorney
Step 12: Rebuttal argument by plaintiff's attorney or prosecutor
Step 13: Deliberations by the jury
Step 14: Verdict?
500
Describe the flow chart of how a case travels through the court system:
What are:
Supreme Courts
Have appellate jurisdiction. In rare cases, the US Supreme Court and states’ highest courts have original jurisdiction. They review claims that a lower court did not interpret the law correctly.
⬆
Appeals Courts
Have appellate jurisdiction. They review claims that an error of the law was made a trial.
⬆
Trial Courts
Have original jurisdiction. Some stats have several types of trial courts. They hear evidence and determine guilt in criminal cases or liability in civil cases?
500
Describe the flow-chart of the federal & state court systems. Have your starting points be state & federal cases:
What are:
500
Compare and contrast at least four aspects between original jurisdiction, general jurisdiction, appellate jurisdiction and limited jurisdiction differences in the American court structure.:
What are:
Original- Trial courts, authority to decide cases first.
General- State/Local courts, authority to decide a wide variety of cases.
Appellate- Appeals/Supreme courts, authority to decide appeals.
Limited- Federal courts, authority limited to cases involving federal law or U.S. Constitution?