Ginsberg Chapter 12

Ginsberg Chapter 12 - Ginsberg Chapter 12 The Supreme Court...

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Ginsberg Chapter 12 The Supreme Court and the Federal Court System Plaintiff- the person bringing the case and claiming an injury Defendant- the person accused of wrongdoing Press Charges- When you agree to press charges you agree to let the government bring your case to court. You may be the star witness, but you are not the plaintiff. Due Process: The idea that the government cannot take action against a citizen without following t established legal procedures. Miranda rights, speedy trial, know what you have been accused of, question witnesses, illegal search and seizure Plea bargain : A negotiated agreement that settles a case before it reaches the trial stage. Most cases are settled by plea bargain Grand Juries are groups of citizens who decide whether there is sufficient evidence to bring an indictment against an accused person. Jurisdiction: The legitimate authority to hear a particular case, Jurisdiction in federal courts falls into 3 categories: The subject of the case The parties to the case, no matter what the subject Geographic Exclusive Jurisdiction: Cases in which the federal courts are the only court with authority over a case Concurrent Jurisdiction: Some suits may be heard in either federal or state courts. At times jurisdiction over a case may often be unclear, and contested. A Court may want to hear a particular case, or it may really not want to hear the case if it is controversial Legal Precedent- prior decisions are the basis for current decisions Stare decisis- let the prior decision stand-the SC refuses to hear an appeal on the basis that the lower courts reached the correct verdict Moot: A point of law that is irrelevant because it is no longer timely, or has already been decided Standing: The right to bring a case to court. An individual must be directly involved in an issue in order to have standing Courts of Original Jurisdiction: the Court where a case is heard the very first time Appellate Courts: Courts that only hear cases that have been appealed from the court of original jurisdiction Adjudication: Hearing a case in order to determine the facts, the guilt or innocence of the parties involved The U.S. Claims Court hears cases that deal with citizens who claim to have had their property illegally seized by the federal government Criminal Law: the Plaintiff is always the government , never an individual this is because only the government can bring a case where the defendant may go to jailor lose his/her life The crime is against society rather than an individual Criminal courts may asses jail time, fines, restitution, or any combination of these 1
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Civil Law: In criminal court the plaintiff is an individual, or a business that is claiming someone has harmed them. This is often for breach of contract The actions may be crimes, but civil court does not assess it that way. It determines the facts of the case and sets a punishment.
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This note was uploaded on 03/16/2011 for the course PLSC 2003 taught by Professor Diallo during the Spring '08 term at Arkansas.

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Ginsberg Chapter 12 - Ginsberg Chapter 12 The Supreme Court...

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