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4 layers of typical state court system |
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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) |
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Types of criminal cases handled by lower courts (trial courts of limited jurisdiction) |
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Preliminary stages of felony cases; large number of misdemeanor, traffic, & small claims cases. |
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Types of civil & criminal cases filed in major trial courts (trial courts of general jurisdiction) |
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Felony cases & civil cases including domestic relations, estate, personal injury, & contract cases. |
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Explain difference between state supreme court in states with/without intermediate courts of appeal. |
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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. |
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5 key components of court unification |
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Simplified court structure Centralized administration Centralized rule making Centralized judicial budgeting Statewide financing |
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District, justice, justice of peace, city, magistrates, or municipal courts are? |
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Trial Courts of Limited Jurisdiction |
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District, circuit, & superior courts are? |
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Major Trial Courts of General jurisdiction
Oklahoma's Courts are called District Courts |
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State Supreme Courts are? |
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Courts of Last Resort
Oklahoma has 2 Courts of Last Resort: Civil & Criminal appeals |
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Courts using therapeutic jurisprudence have 5 essential elements. |
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Definition
Immediate intervention Non-adversarial adjudication Hands on judicial involvement Treatment programs Team approach to treatment |
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State supreme court, working through administrators, provides leadership for the state court system. |
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Definition
Centralized Administration |
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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. |
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Centralized Judicial Budgeting |
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The power of the state supreme court to adopt uniform rules to be followed by all courts in the state. |
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Legally enforceable agreement between two or more parties. |
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Relating to the home; the law of divorce, custody, support, adoption, and so on. |
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Specialty courts with jurisdiction over cases involving illegal substances. Typically stress treatment rather than punishment. |
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The interest a person has in property; a person's right or title to property. |
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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. |
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Intermediate Court of Appeals (ICAs) |
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Negligence lawsuits, often involving automobile accidents. |
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A simple, uniform court structure for the entire state. |
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Simplified Court Structure |
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General term for the highest court in a state. |
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Courts financed by the state government as opposed to local government. |
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Judicial bodies such as drug courts that stress helping defendants in trouble through non-adversarial proceedings. |
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Therapeutic Jurisprudence |
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A trial court responsible for major criminal and civil cases. |
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Trial Court of General Jurisdiction |
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A lower-level state court, such as a justice of the peace court, whose jurisdiction is limited to minor civil disputes or misdemeanors. |
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Trial Court of Limited Jurisdiction |
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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. |
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US has one national court system plus separate court systems in each of the 50 states & District of Columbia. This is known as _______? |
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Litigants in state courts may appeal to the US Supreme Court, a federal court, if a ______ is present? |
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_____ is the power of a court to decide a dispute? |
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All federal Courts are courts of ___, as they adjudicate only certain types of cases. |
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Proper ___ is based on statutorily-defined geographical subdivisions. |
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___ jurisdiction means a court has the authority to try a case and decide it. |
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When the Constitution was being drafted, advocates of states' rights feared that a strong national government would weaken ___. |
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Article III of the Constitution specifically creates ____. |
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The United States Supreme Court |
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The organization of the federal judiciary (Judiciary Act of 1789) supported states interests in 3 ways. |
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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. |
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Early Supreme Court case that created judicial review. (Chief Justice John Marshall) |
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Marbury v. Madison (1801) |
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Federal appellate courts (below the US Supreme Court) were created in what year? |
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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... |
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the Supreme Court had to decide every case appealed to it. |
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Are apart of the federal court structure but are not Article III judges? |
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Congress has created ___ U.S. district courts? |
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Bankruptcy judges are appointed to 14 year terms by: |
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Definition
the appellate court where they preside. |
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In the federal system, ___ are the trial courts of original jurisdiction? |
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Federal courts apply __ when adjudicating state claims in federal court in diversity of citizenship cases. |
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"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... |
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Chief Justice __ sparked the US Supreme Court due process revolution. |
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A __ is filed in federal courts by an inmate seeking to collaterally challenge his or her conviction. |
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How many judges normally decide cases in federal courts of appeal? |
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The Supreme Court exercises its discretion to hear cases through the granting of a __? |
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Article I courts established by Congress |
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___ has supervisory authority over the entire federal judicial system. |
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___ is the basic administrative unit of a federal circuit. |
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