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Judicial Politics and Process
Exam 1 Material
38
Political Studies
Undergraduate 4
05/05/2008

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Cards

Term
Judicial Circuit
Definition
one superior, one magistrate, probate, and where needed a state court and juvenile court; superior exercises jurisdiction over juvys and state if absent
Term
Magistate Court
Definition
Civil claims of $1500 or less, distress warrants, county violations, preliminary hearings, summons, dispossessory writs
Term
Supreme Courts
Definition
Holds appellate and original jurisdiction
Term
Preliminary appearance
Definition
discover is there is probable cause- within jurisdiction of court,
Term
Initial Appearance
Definition
informed of charges, legality of defendents arrest
Term
Statutory Laws
Definition
rules of conduct that pertain to a given political order of society, rules that are backed by the organized forces of the community. LAW IS SUPREME- CODE, WRITTEN LAW, SPELLED OUT IN WRITING, ENACTED BY LEGISLATION
Term

Blue Slip

Definition
House may place a blue slip on legislation to note constitutional perrogative, it is then sent directly to Senate
Term
Barristers
Definition
Advocate in a legal hearing, represent clients in the courts, members of the Inns of Court, conduct cases and gives legal advice
Term
Solicitors
Definition

draw up legal documents, deals directly with clients, draws up contracts, etc

Term
Inquisitorial Procedure
Definition
court or part of the court is actively involved in the court proceedings and determining the facts of the case
Term
Adversarial system
Definition
role of the court is soley an impartial referee between parties
Term
Jude D' Instructions
Definition
French judge, actively directs proceedings, questions the accused, then asks panel yes or no vote
Term
Jury Selection & Services Act of 1975
Definition
Ensures jury is selected at random from a fair cross-section of the population
Term
Judge's Charge
Definition
Judge provides exposition of law to jury, usually oral, sums up the case
Term
Article III
Definition
Established Judicial branch
Term
Clerk of Superior Court
Definition
Maintains records, elected by the citizens to serve 4 years, prepars court papers and indictments
Term
Subpoena Duces Tecum
Definition
Command to appear in court and to bring documents
Term
Law Lords
Definition
Chief justices in the house of the lords
Term
Selection Methods of Judicial
Definition
Either appointed or elected, federal judges are appointed by president and confirmed by the senate; state judges either elected (partisan) or appointed by governor
Term
French Jury System
Definition

No charge to the jury, judge submits questions to panel for yes or no answer- majority vote

Term
Superior Court
Definition
General jurisdiction, judges elected to 4 year terms in non-partisan elections
Term
District Attorney
Definition
Represents the state in all criminal cases
Term

Grand Jury

Definition
16-23 citizens who listen to evidence of criminal allegations.
Term
Common Law
Definition
Judge made law, based on doctrine of precedence, un-codified, unwritten law, tested in courts
Term
Accusatorial Procedure
Definition
Is innocent until proven guilty
Term
Sequestered Jury
Definition
A jury that is isolated from the public during the course of the trial and throughout the deliberation process
Term
Original Jurisdiction
Definition
Lawful authority of court to hear case from the beginning and to pass judgement on the law and the facts (state courts)
Term

Writ of Certorari

Definition
To review cases from the US court of appeals or from the state courts
Term
Discovery
Definition
Allows one party to question other parties/witness, and may also force them to produce requested documents
Term
Stare Decisis
Definition
"let the decision stand"
Term

Jury selection act of 1968

Definition
estab. process of jury selection; outlines qual for Fed jurors
Term
Summary Judgement
Definition
Means that the court has made a full judgement without a full trial
Term
House of Lords
Definition
In Britain, hears criminal and civil appeals, cannot reach the HOL unless the lower court has certified that it raises a point of law of general importance
Term
Court of Cassation
Definition
French Court of appeals, only instituted by the defendant, equivalent to the US SC
Term
US SC Cheif Justice
Definition
Roberts
Term
GA State Attorney
Definition
Baker
Term
GA Supreme Court Cheif Justice
Definition
Sears
Term
Challeges for Cause
Definition
part of jury selection process, claims that a potential juror cannot be impartial or fair. Typically, each side has unlimited number of these, to determine if someone is unfit to serve!
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