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| a periodic process in some jurisdictions where judges are elected whereby a judge is subject to a referendum held at the same time as a general election. the voters' choice in a retention election is to retain the judge or to force the judge off the bench. also known as the merit plan |
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| the combined appointment and election mechanism |
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| the least commonly used method of choosing judges, the legislature appoints all appellate judges and some trial judges. |
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| the governor can remove a judge from office if both houses of the state legislature pass a resolution that requests the governor to remove the judge. |
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| at the age of 70 judges can work part time in return for a full salary. |
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| the process by which a senator can block the nomination of a federal official, such as a judge, who comes from his or her home state; approval form that senators may or may not choose to sign. |
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| judicial selection, including election, appointment plus election, and legislative selection. |
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| state judicial selection methods |
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| in partisan elections, the candidates' names and political party affiliations appear on the ballot, whereas in nonpartisan elections, only their names appear on the ballot. |
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| Rather than through elections, in some states judges are appointed by an executive like a governor or a mayor-with or without confirmation by a legislative body-or appointed by the legislature. |
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| a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, esp. from the senior senator of the president's party from that state. |
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| the concept that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests |
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| where a ballot question asks the voters whether a particular judge should be removed from office. |
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| express severe disapproval of (someone or something), typically in a formal statement. private or public |
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| in partisan elections, the candidates' names and political party affiliations appear on the ballot, whereas in nonpartisan elections, only their names appear on the ballot. |
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| partisan/ non partisan election |
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| the senate's venerable device for prolonging debate indefinitely, to prevent their nominations from coming to a vote |
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| in 1987 the senate rejected president Reagan's nomination of judge Robert bork, because of a fear that Bork's addition would make the court too conservative. he lost on the partisan front because democrats outnumbered republicans in the senate in 1987, and democratic senators feared the Bork's vote would make the supreme court hostile to the interests of women and minorities. |
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| Someone who is under the radar. Someone who has not spoken or written about hot button issues; basically unknown outside his/her home state |
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| conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse. |
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| a dispute between a state or the united states, on the one hand , and the accused, on the other. |
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| laws passed by congress and by the state legislatures. define most crimes today. |
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| declares what conduct is criminal and prescribes the punishment for that conduct. |
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| describes the steps that a criminal proceeding must follow, from investigation through punishment, to satisfy due process. |
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| the constitutional requirement of fairness. |
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| the prosecutor chose to prosecute her for who she is, rather than for what she did. |
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| when a law enforcement officer encourages a person to commit a crime and thereby influences one who would otherwise have obeyed the law, to break it. |
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| the constitutional rights to which all criminal defendants are entitled to. announced in Miranda v. Arizona in 1966. in the 5th and 6th amendment, they entitle a defendant to 1. remain silent. 2 stop answering police officers' questions at any time. 3 obtain the assistance of a lawyer. and 4 obtain the assistance of a court appointed lawyer if the defendant can't afford to hire a lawyer. |
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| prohibits the use in court of evidence that the police obtain by illegal means. |
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| makes every criminal trial both a competition and a search for the truth. the philosophy holds that the truth is most likely to emerge when the state and the defendant argue their respective causes aggressively, within the bounds of the law and professional ethics, before an impartial jury. |
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| if a majority votes to indict, it issues a true bill, which becomes the basis for prosecution in a trial court. if a majority votes not to indict, it issues no bill, which prevents the case form going forward. |
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| a group of citizens usually selected from automobile and voter registration lists. |
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| establishes relatively general penalties for offenses and gives judges considerable discretion to choose the penalty and to set the upper and lower limits on prison sentences. |
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| establishes a particular punishment for a particular crime. |
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| a claim by a lawyer that a prospective juror can't be impartial for a particular reason, such as service on a grand jury that investigated the same crime. it is a means of removing persons whose biases or likely biases are open and obvious. |
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| requires no reason for removing a potential juror. a lawyer may use it to remove a person who exhibits no obvious bias, but whose background or appearance suggests that the person could be hostile to that lawyer's cause, so long as the lawyer don't use it to exclude the members of a particular race from a jury. |
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| occurs when a lawyer questions a witness whom the lawyer has called to testify. in criminal cases, the presentation of evidence begins with a direct examination of a witness by the prosecutor. |
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| when a lawyer questions a witness whom opposing counsel has called to testify. |
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| whose education and experience qualified her to express her professional opinion in court about technical matters relevant to the case |
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| a defendant's burden of proof in demonstration entrapment. |
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| preponderance of evidence |
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| a process of questioning a pool of potential jurors |
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| reduced number of persons required for the trial. |
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| a decision by a grand jury that the prosecutor has presented sufficient evidence of criminal behavior to justify taking a case to trial. |
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| an order from the presiding judge to the jury to return a particular verdict. |
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| A practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict; it consists of calling the name of each juror and requiring a declaration of his or her verdict before it is recorded. |
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| signal the start of a lawsuite, would also 1 state the basis for the court's jurisdiction; 2 indicate the nature of the claim; 3 show that they are entitled to compensation; 4 demand a decision by the court awarding them such compensation. |
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| establishes a court's personal jurisdiction over the defendant because it notifies the defendant about the lawsuit and directs the defendant to appear in court and to defend the suit or risk a default. |
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| a defendant's reply to each statement of fact and each allegation included in a complaint. |
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| aims to protect private rights while it resolves private disputes, so it permits the parties to gather their own evidence. |
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| assigns the primary responsibility for the discovery of relevant evidence in civil cases to judges instead of to the parties. |
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| written question that court rules obligates the defendant to answer and return within thirty days. |
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| consists chiefly of the questioning of a witness, who is under oath, by a lawyer for a party. opposing counsel or the witness may object to a question, and the witness may refuse to answer a question after he or she states the reasons for the refusal. |
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| features an impartial mediator who tries to assist the parties to reach an agreement that will resolve their case. both sides state their positions, which the mediator helps them to clarify; then with the mediator's help, they try to identify alternative solutions and to reach agreement on one of the alternatives. only the parties can resolve the case; the mediator can't impose a solution. |
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| hears opening and closing statements by both parties and the testimony of witnesses, reads the documents the parties submit, and then renders a decision. |
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| typically provide that the plaintiff's lawyer will pay the expenses of the lawsuit from discovery through trial, if necessary. when the case is resolved, the lawyer will receive one third of any amount that the plaintiff obtains from a settlement or a verdict plus reimbursement for expenses. if the plaintiff loses at trial, the lawyer is still entitled to reimbursement for expenses incurred. |
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| contingent fee arrangement |
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| requires the loser in a civil case to pay the winner's litigation expenses. |
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| neutral evaluation, mediation, nonbinding arbitration, and binding arbitration. alternative dispute resolution. |
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| failure to take reasonable precautions to prevent accidents. |
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| designed to cover medical expenses, lost wages, etc. |
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| designed to change the defendant's behavior. |
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| involves disputes between or among parties over virtually any matter that is not governed by an administrative body. |
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| the place in which a case will be brought. |
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| required if the answer contains a counterclaim, may also be made by plaintiff with permission of the court. |
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| motion to dismiss case for alleged lack of genuine facts sufficient for jury to find in favor of non-movant; the facts are not In dispute and therefore there is no reason for the court to waste the resources of the jury. |
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| motion for summary judgment |
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| is the fact finding process engaged in by the parties in anticipation of trial, summary judgment motions, and or settlement negotiations. |
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| jury decision based on its application of law as charged to facts as presented at trial, as interpreted by jury. |
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| written request to produce documents and other items related to the litigation. response is usually an invitation to review documents to be made available by responding party. |
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| requests that court not require response by recipient of discovery request. ground may include that the requests are overbroad, irrelevant, or that disclosure would violate the attorney-client privilege or would require the disclosure of attorney work product. |
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| motion for protective order |
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| request that court order recipient of discovery request to provide answer to same. |
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| the party taking appeal and seeking review of the lower court decision. |
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| court upholds the decision below (that is, of the lower court or agency decision on appeal). |
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| party against whom action is brought |
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| an affirmative request for relief from a court. may be filed seeking virtually any type of order from the court relating to topics ranging from the mundane to the controversial. |
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| party bringing action for relief. |
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| attorney for the U.S.; may participate in cases of great importance. |
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| narrow disposition of the case. generally found at end of opinion. |
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| that portion of the opinion that answers the legal question raised by the facts of the controversy before it. |
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| rejection of holding of lower court or agency order. |
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| return of case to the lower court or agency for further factual findings or for other resolution consistent with appellate decision. |
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| opinion which more justices sign that do any one concurring opinion, but which does not constitute a majority of the court and hence does not have the force of precedent. |
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the four types of judicial selection are election, appointment, appointment plus election, and legislative selection. One method of judicial selection is partisan election
of judges in which judicial candidates run on the ballot with a party label. Another is nonpartisan election in which judges run for office without a party label. political parties are often
involved in nonpartisan elections, and judicial candidates’ party affiliations are frequently readily known even if the party affiliation of the judicial candidate is not printed on the ballot. For appointment, governors are political people and they typically appoint judges who share their political party affiliation and their views about major legal issues, especially issues of criminal justice. as for the appointment and election method, most of the judges enjoy job security and independence from politics. it's weakness is retention election, they are easily affected by the influence of organizations that are committed to a particular position on a particular political issue. it can turn a retention election into a referendum on a judge's vote in one case. the least commonly used method of choosing judges in the US is legislative selection. legislators selection judges honor's judicial independence by not requiring judges to face the voters in periodic elections. it also respects political accountability by requiring judges to obtain the support of legislators in order to keep their seats on the bench. |
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| the role of politics in each of the four types of judicial selection used in the American state court systems. |
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| it's not a law that ski resorts have to put pads on their ski lifts because it is a inherent risk. Up north in places like new Hampshire, the ski resorts are a big part of the economy. so they tend to make laws like that so the ski resorts don't get sued a lot, and also to protect their economy. if a ski resort was to close down because they had to pay too much money in punitive damages, then the state would lose money and lose jobs. |
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| the role of politics involved in the law of ski accidents in new Hampshire |
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