Term
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Definition
| the area of geographic jurisdiction of a court and can be limited to a particular district, city, or county. |
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Term
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Definition
| refers to the category of cases the court is authorized to consider, e.g., criminal (misdemeanors or felonies), civil, juvenile, or matter of equity. |
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Term
| Personal (in personam) jurisdiction |
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Definition
| refers to authority over the defendatn; without it the court cannont proceed. |
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Term
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Definition
| the result of the presence of tangible or intagible assets within the courts venue. |
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Term
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Definition
| refers to the authority to hear or act upon a case from it beginning to its conculsion |
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Term
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Definition
| refers to the authority to review decisions made by a lower court, to hear cases on appeal. |
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Term
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Definition
| means that the court has original jurisdiction in only a limited number of narrowly defined cases (e.g. only misdemeanors or civile cases where money in dispute is below a specific sum, or only traffic cases) |
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Term
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Definition
| refers to the authority of a trial court to hear any type of case, civil or criminal, misdemeanor or felony, those involving small or unlimited amounts of money. |
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Term
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Definition
| occurs when tow or more courts at the same time have the ability to hear and decide a particular case. |
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Term
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Definition
| arises when litigants are from different states |
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Term
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Definition
Lower Court
(trials limited jurisdiction)
to
Superior Court
(trials/general jurisdiction)
to
Intermediate court of appeals
(Appeals)
to
Supreme Court
(appeals/court of last resort) |
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Term
Federal System
(Washington court structure) |
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Definition
Municipal Cour or District Court
to
Superior Court
to
Court of Appeals
to
Supreme Court |
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Term
US Supreme Court Rules
(7) |
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Definition
| Cases must not be presented in a friendly, nonadvesarial proceeding (to get an advisory opinion, for example); the dispute must be a real one. |
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Term
US Supreme Court Rules
(7) |
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Definition
| The court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied. |
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Term
US Supreme Court Rules
(7) |
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Definition
| The court will not anticipate a question of constitutional law in advance of the necessity of deciding it. |
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Term
US Supreme Courts Rules
(7) |
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Definition
| If a case can be decided on constitutional grounds or on the grounds of statutory construction or general law, the court will rule only on the latter. |
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Term
US Supreme Court Rules
(7) |
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Definition
| The court will not decide the validity of a statute upon the compaint of a person who fails to show that he or she is injured by its operation (has "standing") |
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Term
US Supreme Court Rules
(7) |
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Definition
| The court will not pass upon the consitutionality of a statute at the request of a person who has benefited from it. |
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Term
US Supreme Court Rules
(7) |
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Definition
| Whenever possible, the court will avoid making a determiniation of teh validity of an act of congress. |
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Term
| Supreme Courts Rule 28: Oral Arguments |
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Definition
| Oral argument should emphasize and clarify the written arguments in the briefs on the merits. Counsel should assume that all justices have read the briefs before oral argument. Oral argument read from a prepared text is not favored. |
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Term
| Supreme Courts Rule 28: Oral Arguments |
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Definition
| The petitioner or appellant shall open and may conclude the argument. A cross writ of certiorari or cross appeal will be argued with the initial writ of certiorari or appeal as one case in the time allowed for that one case, and the court will advise the parties who shall open and close. |
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Term
| Supreme Courts Rule 28: Oral Arguments |
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Definition
| Unless the court directs otherwise, each side is allowed on-half hour for argument. Counsel is not required to use all the allotted time. Any request for additional time to argue shall be presented by a motion under Rule 21 no more than 15 days after the petitioner or appelants brief on the merits is filed, and shall set out specifically and concisely why the case cannot be presented within the half hour limitation. Additional time is rarely accorded. |
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Term
| Supreme Courts Rule 28: Oral Arguments |
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Definition
| Only one attorney will be heard for each side, except by leave of the court on motion filed no more than 15 days after the respondents or appellees brief on the merits is filed. Any request for divided argument shall be presented by motion under Rule 21 and shall set out specifically and concisely why more than one attorney should be allowed to argue. Divided argument is not favored. |
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Term
| Supreme Courts Rule 28: Oral Arguments |
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Definition
| Regardless of the number of counsel participating in oral argument, counsel making the opening argument shall present the case fairly and completely and not reserve points for rebuttal. |
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Term
| Supreme Courts Rule 28: Oral Arguments |
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Definition
| Oral argument will not be allowed on behalf of any party for whom a brief has not been filed. |
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Term
| Supreme Courts Rule 28: Oral Arguments |
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Definition
| By leave of the court, and subject to the paragraph 4 of this Rule, counsel for an amicus curiae whose brief has been filed as provided in Rule 37 may argue orally on the side of a party, with the consent of that party. In the absence of consent, counsel for an amicus curiae may seek leave of the court to argue orally by a motion setting out specifically and concisely why oral argument would provide assistance to the court not otherwise available. Such a motion will be granted only in the most extraordinary circumstances. |
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Term
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Definition
CRIME
ARREST
initial court appearance
preliminary hearing
grand jury/information
Arraignment
Trial judge/jury
Guilty
Sentence
Fine, Jail/Prison, Probation
Release |
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Term
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Definition
Initial Appearance
Preliminary Hearings
Information/Grand Jury
Arraignment
Trial
Presentence Report
Sentencing
Probation, fine/jail, prison/parole |
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Term
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Definition
| This motion is routinely made and routinely denied. Defense counsel claims that the information or indictment is insufficient to justify a trial. |
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Term
| Motion for change of venue |
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Definition
| the defense argues that a fair trial is not possible in the current jurisdiction because of the amount of pretrial publicity. If the judge agrees, the trial will be moved to another jurisdiction. |
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Term
| Motion for a bill of particulars |
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Definition
| this motion is an attempt by the defense to obtain details of the prosecutions charges and of the occurrences to be investigated at trial. The defense is then able to place limits on evidence offered by the prosecution; it must be material, or it will be excluded as immaterrial on an objection by the defense counsel. |
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Term
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Definition
| this is a request for access to the evidence the prosecution plans to use at trial, allowing the counsel to prepar his or her defens. The state however is obligated to disclose only that evidence for which there is a reasonable probablity that the trial outcome would have been different had the defense obtained the evidence in time for trial. |
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Term
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Definition
| this motion seeks to invoke the exclusionary rule. If succesful, it often leaves the prosecution without important evidence and requires a nolle prosequi or dismissal of the charges. |
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Term
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Definition
| defendants charged with multiple counts may move to have them severed - required separate trials for various offenses that can be bundled together in a logical manner - or request separate trials for two or more defendants. |
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Term
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Definition
| A private conference with the judge including the prosecution and defense. Typically involving question of admissability of certain evidence. |
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Term
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Definition
| the release of an offender from detention, subject to a period of good behavior under supervision. Judicial Branch |
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Term
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Definition
| the release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior. Executive Branch |
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Term
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Definition
-
A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation.
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Term
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Definition
| cancel or postpone the punishment of (someone, especially someone condemned to death). |
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Term
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Definition
| involves the reduction of legal penalties, especially in terms of imprisonment |
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Term
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Definition
| Unconditional forgivemess for any crimes committed, restores legal rights lost. |
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