CRJU202 CH 3 Notes
CRJU202 CH 3 Notes CRJU202
Popular in Problems of Criminal Judiciary
Popular in Criminal Justice
This 3 page Class Notes was uploaded by Kristen Pruett on Thursday September 15, 2016. The Class Notes belongs to CRJU202 at University of Delaware taught by Joseph,Emma Jean in Fall 2016. Since its upload, it has received 6 views. For similar materials see Problems of Criminal Judiciary in Criminal Justice at University of Delaware.
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Date Created: 09/15/16
America’s Courts Chapter 3 Pages 5687 Basic principles of court organization Dual court system Dual court system: one national court system plus separate court systems in each of the 50 states and the district of columbia Concurrent jurisdiction: state and federal courts have these, meaning that they share some judicial powers over certain types of cases Ex. selling drugs is a crime under federal law and under the law of most states, therefore the accused could be tried in either federal or state court Jurisdiction: Is the power of a court to decide on a dispute Geographical jurisdiction Also territorial jurisdiction Ex. california can't try to accuse someone of committing a crime in oregon Venue: the particular location or area in which a court having geographical jurisdiction may hear a case Ex. in a large and populous state like washington there are 2 federal districts Defendants can waive venue in the district or county where a crime was committed by consenting to be tried in a venue in another district or county Extradition: involves the surrender by one state of an individual accused of a crime outside its own territory and within the territorial jurisdiction of the other state Ex. if an american fugitive fled to a foreign nation, the us secretary of state will request the return of the accused under the extradition treaty of the US Subject matter jurisdiction Trial courts of limited or special jurisdiction are restricted to hearing a limited category of cases (misdemeanors, civil suits involving small sums of money) Trial courts of general jurisdiction are empowered to hear all types of cases within geographical jurisdiction Personal jurisdiction Refers to a court's power over an individual person or corporation Hierarchal jurisdiction Refers to differences in the court's functions and responsibilities Original jurisdiction: a court has the authority to try a case and decide it Appellate jurisdiction: a court has the power to review cases that have already been decided by another court Differentiating trial and appellate courts Trial court: virtually all cases begin in a trial court that has original jurisdiction Appellate court: is to ensure that the trial court correctly interpreted the law History of the federal courts The constitutional convention Article III: the judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish The judiciary act of 1789 Laid the foundation for our current national justice system Boundaries of the district courts were drawn along state lines Federal district judges would be residents of their districts Lower federal courts limited jurisdiction 17891891 Court of appeals act of 1891 Federal courts today U.S. Magistrate Judges Congress created US magistrate judges in 1968 to replace the former position of US commissioners Purpose: provide a new type of judicial officer in the federal system to alleviate increased workload of the US district courts Caseload of US magistrate judges Help district court judges dispose of growing caseloads US district courts Congress created 94 of these At least one in each state President nominates, gets confirmed by senate Bankruptcy judges (350 of them) Caseload of the US district courts District courts are the trial courts for all major violations of federal criminal law Diversity jurisdiction Involve suits between citizens of different states or between a US citizen and a foreign country or citizen Ex. Cali citizen claims to be injured in a car accident in Chicago with an Illinois driver Federal questions Case that contains a major issue involving the US constitution or US laws or treaties U.S. Courts of appeals Created in 1891 to relieve the supreme court from hearing the growing number of appeals 14 circuits each hears appeals from specific district courts Caseload of US courts of appeals Dramatic increase in caseload “Courts of last resort” U.S. supreme court Nations highest court, composed of nine justices nominated by the president and confirmed by the senate The court from which no appeal is possible No mandatory retirement “good behavior” Original jurisdiction a limited number of cases Acts as trial court in some cases Writ of certiorari: the court, upon petition, agrees to review a case decided by one of the circuit courts of appeals or the highest court of a state Granting cert: the rule of four A vote of four supreme court justices is required to grant certiorari Caseload of US supreme court Small percentage of certs are granted Must involve a “substantial federal question” Circuit justices Assigned to issue temporary rulings for a judicial circuit until such time as the full court can decide whether to grant a stay or enter another type of judicial order Stay: the temporary suspension of a case or of specific proceedings within a case Specialized federal courts Constitutional courts: federal courts created by congress by virtue of its power under article III (constitutional courts) to create courts inferior to the supreme court Legislative courts: judicial bodies created by congress under article I (legislative courts) Military justice Enemy combatants Foreign intelligence surveillance court Immigration courts Federal judicial administration Chief justice Has supervisory author thir over the entire federal judicial system Presides over all courtroom proceedings at the supreme court Vote carries no more or less weight than others Normally administers the oath of office to the president and vice president at inaugurations Judicial conference of the united states Is the administrative policymaking organization of the federal judicial system Caseloads in the federal courts Consequences of federal involvement in the criminal justice system
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