Adversarial System: Two parties of opposing sides (United States has) Inquisitorial System: Judge takes a very active role in obtaining evidence
Structure of Courts
1)State Courts: Criminal/Civil Matters, Violation of state penal code 2)Federal Courts: Violation of laws of National Government, Violation of US penal code 3)US Supreme Court: Ranks above all other courts--"court of last resort" (90% of cases proposed to the SC are rejected)
Jurisdiction of Courts
Depends on Geography: geographic boundaries (counties,city, ect.) Subject matter: pertains to a specific type of case(domestic relations..family courts or juvenile courts) Hierarchy, powers of courts -- limited general or appellate
State Courts (limited jurisdiction.."lower courts" or "circuit courts"
Conduct: Summary Trials. (usually on minor offenses, misdemeanors), :Preliminary hearings & bail decisions on all criminal cases. *Do NOT try felonies 91% of cases go through system Sometimes proceedings informal
State courts (General Jurisdiction)
try to decide on all cases - civil and criminal Mostly serious offenses (felonies) Appeals from lower courts heard here. All judges & lawyers are members of the bar Courts of record: entire transcript of proceedings are made for all cases Felony cases get transferred here at arraignment
State courts (Appellate courts, Intermediate appellate courts, AC of last resort)
AC: Do not try new cases jurisdiction restricted to matters of review and appeal IAC: helps alleviate the burden of supreme court of the state AC of last resort: Can choose which cases be heard, unfavorable decision on lower court, does not mean this court will hear the case.
Federal Court( US Magistrates, District courts, US supreme court, Appellate powers)
Can choose their own cases. Rule of four: four justices must agree to hear a case. Writ of certiorari: order lower courts to forward up records *Must hear all cases regarding unconstitutional acts of congress, state statute unconstitutional, invalid federal law Decisions - affirm or reverse previous decisions.
not limited to sitting in bench, before trial: commences, issuing search warrant/arrest warrant, release decision (pretrial) Hear / decide on motions made Final decisions makers in plea bargaining
Judges (at trial)
Neutral: neither for or against a particular position or issue Fair implementation of rules/procedures of law (substance procedural) Referee in an adversial system Impt sufficency of evidence, admissbililty of evidence can reverse jury decisions
Judges (other duties)
Want to see the other 10 Flashcards in The Courts and Adjudication 10.19?JOIN TODAY FOR FREE!