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Chapter 8
Test2
44
Political Studies
Undergraduate 1
03/29/2009

Additional Political Studies Flashcards

 


 

Cards

Term
Activist Judge
Definition
A judge who is said to act as an independent policymaker by creatively interpreting constitutions and statutes.
Term
Criminal Cases
Definition
Cases that involve violations of the law.
Term
Civil Cases
Definition
Cases that involve disputes between private parties.
Term
Trial Court
Definition
The first level of the court system.
Term
Settlement
Definition
A mutual agreement between parties to end a case before going to trail.
Term
Plea Bargain
Definition
An agreement in which the accused admits guilt, usually in exchange for a promise that a particular sentence will be imposed.
Term
Appeal
Definition
A request to have a lower court’s decision in a case reviewed by a higher court.
Term
Intermediate Appeal Court
Definition
A court that review court cases to find possible errors in their proceedings.
Term
State Supreme Court
Definition
The highest level of appeals court in a state.
Term
Precedent
Definition
In law, the use of the past to determine current interpretation and decision making.
Term
Court of first instance
Definition
The court in which a case is introduced and nothing has been determined yet.
Term
Bench trials
Definition
Trials in which no jury is present and a judge decides the facts.
Term
General Jurisdiction Trial Courts
Definition
Courts that hear any civil or criminal cases that have not been assigned to a special court.
Term
Limited, or special jurisdiction, trials courts
Definition
Courts that hear cases that are statutorily limited by either the degree of seriousness or the types of parties involved.
Term
Prejudicial Error
Definition
An error that affects the outcome of a case.
Term
Discretionary Jurisdiction
Definition
The power to decide whether or not to grant review of a case.
Term
Mandatory Jurisdiction
Definition
Occurs when a court is required to hear every case presented before it.
Term
En Banc
Definition
Refers to appeals court sessions in which all of the judges hear a case together.
Term
Panels
Definition
Groups of (usually) three judges who sit to hear cases in state courts of appeal.
Term
Pure Appointive systems
Definition
Judicial selection systems in which the governor appoints judges alone without a nominating commission.
Term
Retention Elections
Definition
Judges run uncontested, and voters are asked to vote “yes” if they wish to retain a judge in office for another term or “no” if they do not.
Term
Prosecutor
Definition
A government official who conducts criminal cases on behalf of the people.
Term
Public Defender
Definition
A government lawyer who provides free legal services to those accused of a crime who cannot afford to hire a lawyer.
Term
Legislative Over-criminalization
Definition
The tendency of government to make a crime out of anything the public does not like.
Term
Indictment
Definition
A formal criminal charge.
Term
Grand Jury
Definition
A group of between 16 and 23 citizens that decides if a case should go to trial; if yes, an indictment is issued.
Term
Jury Nullification
Definition
Occurs when a jury returns a verdict of “Not Guilty” even though jurists believe the defendant is guilty.  The jury cancels out a law that it believes is immoral or was wrongly applied to the defendant.
Term
Felony
Definition
A serious crime, such as murder or arson.
Term
Misdemeanor
Definition
A less serious crime, such as shoplifting.
Term
Assigned Counsel
Definition
Private lawyers selected by the courts to handle particular cases and paid from public funds.
Term
Contract attorneys
Definition
Private attorneys who enter into agreements with a state, a country, or a judicial district to work on a fixed-fee basis per case or for a specific length of time.
Term
Liability
Definition
A legal obligation or responsibility.
Term
Voir Dire
Definition
The interviewing and examination of potential jurors.
Term
For cause challenge
Definition
Occurs when a lawyer asks the judge to excuse a potential juror because the individual appears to be biased or unable to be fair.
Term
Peremptory Challenges
Definition
Used by lawyers to dismiss potential jurors for any reason except race or gender.
Term
Indeterminate Sentencing
Definition
The judge sentences an offender to a minimum and a maximum time in prison.  A parole board decides how long the offender actually will remain in prison. 
Term
Determinate Sentencing
Definition
The judge sentences an offender to serve a specific amount of time in prison depending on the crime.
Term
Mandatory Minimum Sentences
Definition
The shortest sentences that offenders may receive upon conviction for certain offenses.  The court has no authority to impose a shorter sentence. 
Term
Habitual Offender Laws
Definition
These statutes impose harsher sentences for offenders who previously have been sentenced for crimes.
Term
Truth-in-sentencing Laws
Definition
These laws give parole boards less authority to shorten sentences for good behavior by specifying the proportion of a sentence an offender must serve before becoming eligible for parole.   
Term
Recidivism
Definition
A return to, or relapse into, criminal behavior.
Term
Alternative dispute resolution
Definition
A way to end a disagreement by means other than litigation. It usually involves the appointment of a mediator to preside over a meeting between the parties.
Term
Rocket Docket
Definition
Fast-Track cases that often have limited, specific deadlines for specific court procedures.
Term
Magistrates
Definition
Local officials or attorneys granted limited judicial powers.
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