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POLS 4740
Judicial Process & Behavior
13
Political Studies
Undergraduate 4
05/05/2008

Additional Political Studies Flashcards

 


 

Cards

Term
Constitutional Amendments

4th

5th

6th

7th

8th

14th
Definition
4th: searches and seizures

5th: due process and self incrimination

6th: rights of the accused

7th: right to trial by jury

8th: excessive bail/fines; cruel and unusual punishment

14th: bill of rights applied to states
Term
Voir Dire
Definition
process of selecting jurors to sit on the jury - panel can be challenged, must be done in writing
Term
Stare Decisis
Definition
"Let the decision stand"
Term
Ratio Decidendi
Definition
"reason for the decision"

binds future cases on the same generic set of facts
Term
Court Administrator
Definition
-non legal position to administer court operations
-reports to judges of activities and state business of the courts
-personnel officer for non-judicial personnel
-improve court business methods
-oversee court budget, procurement, inventory, allocation of and replacement of resources
-training for non-judicial personnel
-represent judges in jurisdictional meeting with other departmental heads
-public information
-jury management, case flow or calendar management
Term
Clerk of the Superior Court
Definition
-maintains a comprehensive record of all civil and criminal actions of Superior Court
-prepares and records paper of accusations, indictments and disposition of cases
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Term
exclusionary rule
Definition
doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial
Term
writ of certiorari
Definition
to review cases from the US Court of Appeals or from the state courts
Term
discovery
Definition
procedures used to obtain disclosure of evidence before trial
Term
Jury Selection Act of 1975
Definition
•Obtain cross section of the community
•Systematic exclusion forbidden
•Potential jurors are summoned for service, their names are randomly drawn from voters lists (and sometimes drivers lists to receive a questionnaire to determine whether they meet the legal qualifications for jury service
•Individuals who receive a questionnaires are required to complete and return them to the clerk’s office, which then screens the completed questionnaires to determine eligibility for jury service
•Prosecution and defense attorneys question potential jurors during the process of voir dire (actual process of selecting jurors to sit on the jury – jury panel can be challenged, must be done in writing)
Term
original jurisdiction
Definition
•The lawful authority of a court to hear or act upon a case from its beginning and to pass judgment on the law and the facts (State Court)
Term
Appellate Jurisdiction
Definition
The lawful authority of a court to review a decision made by a lower court (Supreme Court)
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