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Intro to American Courts
Chapter Notes
50
Criminal Justice
Undergraduate 3
09/13/2011

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Cards

Term
4 layers of typical state court system
Definition
Lower courts (trials courts of limited jurisdiction)
Major trial courts (trial courts of general jurisdiction)
Intermediate appellate courts
Courts of Last Resorts (State Supreme Court)
Term
Types of criminal cases handled by lower courts (trial courts of limited jurisdiction)
Definition
Preliminary stages of felony cases; large number of misdemeanor, traffic, & small claims cases.
Term
Types of civil & criminal cases filed in major trial courts (trial courts of general jurisdiction)
Definition
Felony cases & civil cases including domestic relations, estate, personal injury, & contract cases.
Term
Explain difference between state supreme court in states with/without intermediate courts of appeal.
Definition
Without-State courts of last resort must hear all criminal appeals.
With-State courts of last resort have discretion to hear only the cases they decide are the most important.
Term
5 key components of court unification
Definition
Simplified court structure
Centralized administration
Centralized rule making
Centralized judicial budgeting
Statewide financing
Term
District, justice, justice of peace, city, magistrates, or municipal courts are?
Definition
Trial Courts of Limited Jurisdiction
Term
District, circuit, & superior courts are?
Definition
Major Trial Courts of General jurisdiction

Oklahoma's Courts are called District Courts
Term
State Supreme Courts are?
Definition
Courts of Last Resort

Oklahoma has 2 Courts of Last Resort: Civil & Criminal appeals
Term
Courts using therapeutic jurisprudence have 5 essential elements.
Definition
Immediate intervention
Non-adversarial adjudication
Hands on judicial involvement
Treatment programs
Team approach to treatment
Term
State supreme court, working through administrators, provides leadership for the state court system.
Definition
Centralized Administration
Term
State judicial administrator (who reports to the state supreme court) has the authority to prepare a single budget for the entire state judiciary and send it directly to the legislature.
Definition
Centralized Judicial Budgeting
Term
The power of the state supreme court to adopt uniform rules to be followed by all courts in the state.
Definition
Centralized Rule Making
Term
Legally enforceable agreement between two or more parties.
Definition
Contract
Term
Relating to the home; the law of divorce, custody, support, adoption, and so on.
Definition
Domestic Relations
Term
Specialty courts with jurisdiction over cases involving illegal substances. Typically stress treatment rather than punishment.
Definition
Drug Courts
Term
The interest a person has in property; a person's right or title to property.
Definition
Estate
Term
Judicial bodies falling between the highest, or supreme, tribunal and the trial court; created to relieve the jurisdiction's highest court of hearing a large number of cases.
Definition
Intermediate Court of Appeals (ICAs)
Term
Negligence lawsuits, often involving automobile accidents.
Definition
Personal Injury
Term
A simple, uniform court structure for the entire state.
Definition
Simplified Court Structure
Term
General term for the highest court in a state.
Definition
State Supreme Court
Term
Courts financed by the state government as opposed to local government.
Definition
Statewide Financing
Term
Judicial bodies such as drug courts that stress helping defendants in trouble through non-adversarial proceedings.
Definition
Therapeutic Jurisprudence
Term
A trial court responsible for major criminal and civil cases.
Definition
Trial Court of General Jurisdiction
Term
A lower-level state court, such as a justice of the peace court, whose jurisdiction is limited to minor civil disputes or misdemeanors.
Definition
Trial Court of Limited Jurisdiction
Term
Simplified state trail court structure w/ rule making centered in the S.C., systems governance authority vested in the chief justice of S.C., & state funding of the judicial system under statewide judicial budget.
Definition
Unified Court System
Term
US has one national court system plus separate court systems in each of the 50 states & District of Columbia. This is known as _______?
Definition
Dual Court System
Term
Litigants in state courts may appeal to the US Supreme Court, a federal court, if a ______ is present?
Definition
federal question
Term
_____ is the power of a court to decide a dispute?
Definition
Jurisdiction
Term
All federal Courts are courts of ___, as they adjudicate only certain types of cases.
Definition
limited jurisdiction
Term
Proper ___ is based on statutorily-defined geographical subdivisions.
Definition
venue
Term
___ jurisdiction means a court has the authority to try a case and decide it.
Definition
Original
Term
When the Constitution was being drafted, advocates of states' rights feared that a strong national government would weaken ___.
Definition
individual liberties
Term
Article III of the Constitution specifically creates ____.
Definition
The United States Supreme Court
Term
The organization of the federal judiciary (Judiciary Act of 1789) supported states interests in 3 ways.
Definition
1. By custom the selection process ensured that federal district judges would be residents of their districts.
2.By giving lower federal courts only limited jurisdiction.
3. The boundaries of the district courts were drawn along states lines.
Term
Early Supreme Court case that created judicial review. (Chief Justice John Marshall)
Definition
Marbury v. Madison (1801)
Term
Federal appellate courts (below the US Supreme Court) were created in what year?
Definition
1891
Term
From the end of the Civil War until early 1890s, it wasn't uncommon for an appeal to wait 2 or 3 years before being heard because...
Definition
the Supreme Court had to decide every case appealed to it.
Term
Are apart of the federal court structure but are not Article III judges?
Definition
U.S. Magistrates
Term
Congress has created ___ U.S. district courts?
Definition
94
Term
Bankruptcy judges are appointed to 14 year terms by:
Definition
the appellate court where they preside.
Term
In the federal system, ___ are the trial courts of original jurisdiction?
Definition
US district courts
Term
Federal courts apply __ when adjudicating state claims in federal court in diversity of citizenship cases.
Definition
federal law
Term
"Cases, in law and equity, arising under this Constitution, the Laws of the US, treaties made, or which shall be made under their authority"-Art III. Fed courts may be given jurisdiction on cases of...
Definition
federal question cases
Term
Chief Justice __ sparked the US Supreme Court due process revolution.
Definition
Earl Warren
Term
A __ is filed in federal courts by an inmate seeking to collaterally challenge his or her conviction.
Definition
habeas corpus petition
Term
How many judges normally decide cases in federal courts of appeal?
Definition
3 judge panels
Term
The Supreme Court exercises its discretion to hear cases through the granting of a __?
Definition
writ of certiorari
Term
Article I courts established by Congress
Definition
legislative courts
Term
___ has supervisory authority over the entire federal judicial system.
Definition
The Chief Justice
Term
___ is the basic administrative unit of a federal circuit.
Definition
The Judicial Conference
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