Sp 08 Exam 3 Review Sheet

Sp 08 Exam 3 Review Sheet - Exam 3 Review Sheet Spring 2008...

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Spring 2008 Chapter 10 The Evolution of US courts As US history evolved, the courthouse procedure became less simple. Because there were more people, and hence more problem, there were more courts. For civil matters, there were counterparts of the rural justices of the peace; for less serious criminal affairs, there were police and magistrate’s courts; and for serious problems of law and order, there was a more permanent higher court. As the nation grew more populous and more mature, so too did the system of courts. By late 19 th century, along with these courts, superior courts, and various levels of appeals and supreme courts. Again dual court system that had evolved throughout America after the signing of the Declaration of Independence-at the state level and at the federal level. State Courts No two state courts are alike and that the names of the various courts vary widely regardless of their functions. EX. Criminal cases courts are called courts of common pleas in Ohio and Pennsylvania; in California, they are superior courts; in NY, they are supreme courts, ect. State Court Infrastructure Despite that all state courts are different, there is a clear-cut structure within all the state court systems. State judiciaries are divided into three, four, or sometimes five tiers, each with separate functions and jurisdictions. The courts of last resort are at the uppermost level. These are the appeals courts. Immediately below the courts of last resort in more than half the states are the intermediate appellate courts. Located primarily in the more populous states, these courts have been structured to relieve the caseload burden on the highest courts. The major trial courts are the courts of general jurisdiction, where felony cases are heard. The lower courts, often referred to as inferior, misdemeanor, minor, or courts of limited jurisdiction, exist in numerous combinations in every state. Various named county, magistrate, police, municipal, justice of the peace, or justice courts, as well as dozens of other designations, they are the entry point for most defendants and the only level at which infractions and most misdemeanors are processed. Levels of Jurisdiction in State Courts Courts are authorized to hear and decide disputes arising within specific political boundaries- a city, borough, township, county, or group of counties. In addition some courts are limited to specific matters. 1. Courts of limited jurisdiction , the lower courts, do not have powers that extend to the overall administration of justice; they do not try felony cases; and they do not possess appellate authority. 2. Courts of general jurisdiction , the major trial courts, have the power and authority to try and decide any case, including appeals from a lower court. 3.
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Sp 08 Exam 3 Review Sheet - Exam 3 Review Sheet Spring 2008...

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