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Definition
| the ability and willingness of different court systems to produce potentially diverse, fragmented and contradictory policies |
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| overcrowding in CA prisons was cruel and unusual punishment and violated the 8th amendment |
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Term
Levels of CA Courts
low to high |
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Definition
Trial courts
appelate courts
supreme court |
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Term
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Definition
aka superior courts
determine what is right and wrong in civil disputes and innocent or guilty in criminal cases |
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Definition
| imposes a minimum of 25-Life sentence for defendants with 2 or more prior felony convictions |
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Definition
hear appeals from trial courts and quasi-judicial agencies
separated into 6 districts |
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Definition
highest court in CA
raises important constitutional issues and maintains legal uniformity across the state |
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Term
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Definition
combines elections and appointments
based on two assumptions
1) fellow lawyers can best access the attributes of judicial candidates
2) in a representative democracy ultimate accountability to the voters is important even for judges |
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Term
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Definition
lawyers learn to think and behave like judges
1) judicial ethics
2) learn to appropriate stare decisis
3) learn court room procedure |
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Term
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Definition
appealing to previous cases to make a decision on a current case that applies to a similar matter
rule of precedent |
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Term
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Definition
| represent judges consensus and it behooves all judges to heed them |
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Term
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Definition
| determining truth and justice by involving a contest between two conflicting sides |
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Term
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Definition
ie traffic tickets
involve no jail time |
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Term
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Definition
| lesser crime for which a person may be sentenced to time in county jail |
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Term
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Definition
| more serious crimes which a person could b sentenced to time in state prison or death |
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Term
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Definition
assumption of guilt by courtroom work groups
"if you are there, you are there for a reason" |
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Term
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Definition
| a judge informs the accused of the charges and legal option available |
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Term
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Definition
| determines if there is probable cause to have a trial |
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Term
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Definition
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Term
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Definition
| pleading no contest or guilty to avoid going to trial |
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Term
| steps in judicial process |
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Definition
pre-trial activity
trial
verdict and sentence |
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Term
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Definition
| filed by aggravated party consisting of a specific claim against the defendant and a potential rememdy |
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Term
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Definition
| gathering information to prepare for a possible trial |
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Term
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Definition
| oral testimony under oath conducted by lawyers |
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Definition
| written questions and answers |
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Term
| ADR- alternative dispute resolution |
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Definition
| attempt to settle the suit before going to court |
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Term
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Definition
| volantary discussion between opposing sides |
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Term
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Definition
| discussion governed by the government or by prior agreement |
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Term
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Definition
| juries weighing facts selectively or seeing them in light of their own experiences |
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Term
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Definition
| when individual jurors or entire juries follow their consciences instead of the law |
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Term
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Definition
| reflection of policy preferences over time |
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Term
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Definition
| viewed as a change agent and problem solver |
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Term
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Definition
| become less activist and less willing to use the state constitution to establish new legal doctrines |
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Term
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Definition
| more independent of a court relative to state and federal trends |
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Term
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Definition
| rehabilitated prisoners who return to prison |
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Term
| Reasons for ineffective incarceration |
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Definition
1) mandatory sentences
2) recidivism
3) longer the prisoner stay the more costly it is for the state
4) overcrowding and inadequate medical care are cruel and unusual |
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