Shared Flashcard Set

Details

vocabulary part 2
N/a
61
Political Studies
Undergraduate 1
11/10/2011

Additional Political Studies Flashcards

 


 

Cards

Term
plea bargain in criminal cases
Definition
agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense
Term
NO CONTEST
Definition
nolo contendere
Term

set; set and conviction; no contest;

 

 

Definition

if defendant pleads “not guilty,” trial is ___.

; if defendant plead “guilty” (with or without a plea bargain agreement with the prosecution), punishment is __ and ___ entered.

; if defendant pleads ___ ___

the defendant is essentially saying “I didn’t do it, but I don’t want to go to trial, so I’ll accept punishment from the court to get it over with.

(when you agree to pay your speeding ticket rather than go to trial, you’re pleading __ ___

Term

grand jury

3 to 5; 15 to 20; 12

Definition

the latter of which sits during a trial, hears evidence and renders a verdict in the trial and determines cause for criminal prosecution?

The district judge (appoints __ to__ citizens of the county to be jury commissioners. and they pick __ to __persons from the citizens of the county to be called as grand jurors for the next term of court. when __

qualified jurors are found to be present, the court impanels them as a grand jury, with one juror appointed foreman.

Term
district attorney; felony; misdeamnor; indictment; 9; true bill; no bill;
Definition

The grand jury serves to hear consider cases for prosecution over a several month term.  The grand jury usually hears presentations from the __ ___ of cases to be considered for prosecution.  The grand jury votes as to whether they believe sufficient evidence exists to take the case to trial.  The grand jury in Texas considers __ and not ___ case. If the grand jury determines by vote that a case should be taken to trial, they issue an ___

against the defendant in the case. ___ votes are necessary for a decision to indict. The indictment is termed a __ ___against a prisoner; a decision not to indict is termed a __ __.Additional, the grand jury may conduct investigations and make reports to the district court on conditions in the county or the misconduct of an individual trial

Term
amendement 7 ; civil cases
Definition

right to trial by jury in US Constitution.

trial by jury in __ __

Term
appeal
Definition
a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect ;
Term
reversible error
Definition
a legal mistake at the trial court level which is so significant (resulted in an improper judgment) that the judgment must be reversed by the appellate court.
Term
harmless error
Definition
- an error that does not affect a substantial right or change the outcome of a trial and does not warrant reversal or other modification of the lower court's decision on appeal.
Term
double jeopardy
Definition
- the prosecution of a person for an offense for which he or she has already been prosecuted . 5th amendment rules against this.
Term
appeal
Definition
There is no jury in an ___ nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court.
Term
municipal courts
Definition

city court with limited criminal jurisdiction; original jurisdiction over traffic misdemeanors maximum penalty is a fine or sanction

Term
have original jurisdiction over traffic misdemeanors and class c misdemeanors; civil
Definition
jurisdiction of municipal courts? they exercise __ jurisdiction in cases involving dog
Term
trial de novo
Definition

new trial, necessary for an appeal from a court that is not a court of record

Term
Magistrates
Definition
A civil officer or lay judge who administers the law, esp. one who conducts a court that deals with minor offenses.
Term
justice of the peace
Definition

local county court for minor crime and civil suits

Term
orginal jursidiction
Definition
jurisdiction of JP courts (including Class C misdemeanors and small civil claims)- ?
Term
record
Definition
JP court not a court of ___
Term
county courts at law
Definition

statutory county court to relieve county judge of judicial duties

Term
writ
Definition
- A written order issued by a court, commanding the party to whom it is addressed to perform or cease performing a specified act
Term
deaf penalty
Definition

___ ____verdicts appealed automatically and directly to Texas Court of Criminal Appeals

Term
legal briefs
Definition
a document stating the facts and points of law of a client's case.
Term
affirm
Definition
to assert as true or factual
Term
retry; lower court
Definition
appellate courts do not___ cases. appellate courts do not review evidence in their decision; appeals are based upon errors made in the application of the law in the trial or ___ ___
Term
remand
Definition
to return (a case or matter) from one court to another esp. lower court or from a court to an administrative agency.
Term
dissenting opinion
Definition

an opinion disagreeing with the majority in a supreme court ruling

Term
concurring opinion
Definition
an opinion that agrees with the majority in a supreme court ruling but differs on the reasoning
Term
bifurcated system
Definition
Texas is one of two states (with Oklahoma) that has two courts at the supreme level [called a ___ ___
Term
writ of habeas corpus-
Definition
- a court order requiring explanation to a judge why a prisoner is being held in custody
Term
writ of mandamus
Definition

a court order directing an official to perform an official duty

Term
administrative duties of Texas Supreme Court
Definition

responsible for establishing the rules and procedures that govern trials and appeals in civil and juvenile cases in texas. Establishes the rules for the operation of state agencies in the judicial branch

Term
issue involving the US Constitution is involved
Definition
losing parties in cases decided by the Texas Supreme Court or the Texas Court of Criminal Appeals may appeal the decision to the US Supreme Court if an
Term
partisan elections
Definition
how are judges in Texas selected?-
Term
when vacancies occur by resignation or death of the office holder.
Definition
when can Governor of Texas appoint judges?
Term
merit selection or Missouri Plan-
Definition

a method for the selection of

judges

.; a non-partisan commission reviews candidates for a judicial vacancy. The commission then sends to the governor a list of candidates considered best qualified. The governor then has sixty days to select a candidate from the list. If the governor does not make a selection within sixty days, the commission makes the selection.

Term
75
Definition
retirement age for district and appellate judges in Texas
Term
common law; common law
Definition

law made by judges in appellate decisions which establish precedent? (the ___ ___, precedent and stare decisis are the basis of English law and American law)

Term
precedent
Definition

the making of law by a court in recognizing and applying new rules while administering justice; a decided case that furnishes a basis for determining later cases involving similar facts or issue

Term
stare decisis
Definition

—[Latin for “to stand by things decided”] The doctrine of precedent, under which it is necessary for a court to follow earlier judicial decision made in appellate courts when the same points arise again in litigation

Term
tryer of fact
Definition

the jury listens to the facts in the case as presented by the two sides and decides the outcome of the case based on their decision on the facts

Term
conviction at least
Definition
plea bargaining (prosecutors use this because they are overwhelmed by the tremendous number of criminal cases; the defendant's guilty plea assures a ___ __ ___
Term
petit jury (trial jury)-
Definition

a jury of twelve persons that is impaneled to try and to decide the facts at issue in a trial compare

grand jury

Term
voir dire
Definition
process of selecting a trial jury; picking a trial jury is a process of elimination
Term
challenges for cause
Definition

elimination of potential jurors based on basic fairness issues

Term
peremptory challenges
Definition

equal number of "strikes" of potential jurors by both sides for whatever reason (plaintiff and defendant seek final jury favorable to their side)

Term
charge to the jury
Definition

(written by the opposing attorneys under the supervision of the judge)--legal instructions for the jury to refer to during their deliberation

Term
criminal case
Definition

requires unanimous decision, 12 of 12, to decide either guilt or innocence

Term
civil case
Definition

 

required agreement of only 10 of the 12 jurors

Term
hung jury
Definition

where jury cannot reach a unanimous verdict; mistrial is declared

Term
article 3; two states
Definition

US Supreme Court has both original and appellate jurisdiction under___ ___.

most of the Supreme Court’s original jurisdiction has been turned over to the lower federal courts; however, the Supreme Court will hear a case under its original jurisdiction and hold a trial when the litigates are __ ___

Term
thurgood marshall
Definition
first African-American appointed to the U.S. Supreme Court (appointed by LBJ: Justice Marshall now deceased)
Term
clarence thomas
Definition
second African-American appointed to the U.S. Supreme Court (appointed by Bush; currently on the Court)
Term
sandra day' o connor
Definition

first woman appointed to the U.S. Supreme Court (by Reagan)

Term
Ruth Bader Ginsberg
Definition
second woman appointed to U.S. Supreme Court (appointed by Clinton; currently on the Court)
Term
John Roberts
Definition
chief of justice
Term
Samuel Alito
Definition
associate justice
Term
Sonia Sotomayor-
Definition
associate justice; first latina;
Term
(capital, 1st, 2nd, 3rd degree)--
Definition
grades of felony?
Term
Furman v. Georgia (1972
Definition

US Supreme Court decision which overturned the death penalty in the United States because its application violated the “cruel and unusual” prohibition of the 8th Amendment due to its  “capricious and arbitrary” nature.  The Court ruled the states could rewrite their death penalty statutes to provide for a consistent and nondiscriminatory use of the death penalty.

Term
life in prison without parole
Definition

alternative to the death penalty

Supporting users have an ad free experience!