7.4. Structure of the Courts: State Courts

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Questions

Question 1

What percentage of criminal prosecutions in the United States do state courts handle?

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Question 2

What is the term for a court that has the authority to conduct felony and major misdemeanor trials?

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Question 3

While there is no federal constitutional requirement for it, the right for defendants to appeal their convictions is arguably implicit in which clause?

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Question 4

How do appellate courts typically differ in atmosphere from trial courts?

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Question 5

In a typical state court hierarchy, what is the function of a magistrate court in a serious felony case?

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Question 6

What is the term for the application requesting a discretionary review of a case by a state supreme court?

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Question 7

What happens when an appeal is made from a court that is described as a court 'not of record'?

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Question 8

In most jurisdictions, what is the extent of a defendant's absolute right to appellate review after being convicted of a felony in a general trial court?

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Question 9

What is the primary role of a general trial court in the state court hierarchy?

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Question 10

In addition to conducting trials, what other function does a general trial court serve?

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Question 11

What is the highest court to which a case can ordinarily be taken in a state judicial system?

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Question 12

According to the text, what was the original reason for the distinction between 'courts of record' and courts 'not of record'?

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Question 13

In a state judicial system with two tiers of appellate courts, the supreme court is at what level of the hierarchy?

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Question 14

If a defendant convicted in a general trial court loses their appeal in an intermediate appellate court, what must they typically do to get the state supreme court to hear their case?

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Question 15

What type of cases are handled by courts of limited jurisdiction?

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Question 16

What is meant by the term 'trial de novo'?

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Question 17

What common feature do all state court systems share, despite their variations?

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Question 18

In a three-level state court hierarchy with only one appellate tier, the supreme court would be at which level?

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Question 19

Why do most civil or criminal cases in states with a four-level hierarchy not get beyond the third level?

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Question 20

What is the natural route of appeal for a defendant convicted of a misdemeanor in a magistrate court?

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Question 21

A court of last resort in a state system is generally referred to as what?

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Question 22

According to Scheb's description, what is a characteristic feature of the setting where appellate judges hear oral arguments?

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Question 23

What is the primary activity of appellate judges when they are not hearing oral arguments?

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Question 24

Besides handling minor criminal cases, what other function do courts of limited jurisdiction perform?

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Question 25

A judicial system that has a magistrate court, a general trial court, and a supreme court has how many levels?

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Question 26

What type of review does a general trial court conduct for a misdemeanor conviction from a magistrate court that is 'not of record'?

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Question 27

Why was a 'trial de novo' considered a substitute for appellate review?

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Question 28

Which court in the state hierarchy is described as being 'predominantly a trial court' but also serving an appellate function?

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Question 29

Most states have court systems that are described as falling between which two extremes?

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Question 30

In the typical hierarchy described by Kerper, what is the bottom-level court?

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Question 31

What is the consequence of a state supreme court having discretionary appellate jurisdiction?

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Question 32

If a person arrested on a felony charge is first brought before a magistrate, what will the magistrate do?

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Question 33

The text describes state trial courts as 'busy, bustling places' while appellate courts are 'solemn and serene.' What does this contrast in 'feel' reflect?

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Question 34

How many appellate tiers exist in the federal system and in almost half of the states?

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Question 35

In a state system without an intermediate appellate court, a defendant convicted of a felony in a general trial court has an absolute right to a review by which court?

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Question 36

The trial de novo is described as not being a true appellate review because it does not do what?

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Question 37

What does a writ of certiorari, when issued by a supreme court, direct the intermediate appellate court to do?

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Question 38

Why do state courts play such a significant role in the U.S. justice system?

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Question 39

A state's court of last resort is commonly described as its what?

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Question 40

What is the typical composition of a state court system's structure?

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Question 41

The decor in state appellate courts is often described as formal and may feature what?

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Question 42

What ensures that a person arrested for a felony is not sent to a general trial court without sufficient cause?

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Question 43

A court system with an intermediate appellate court means that a felony defendant's absolute right to review extends only to which court?

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Question 44

What is the primary reason that a trial de novo proceeds as if the case had begun in the higher court?

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Question 45

What must all states provide for defendants regarding their convictions, even without an explicit federal constitutional mandate?

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Question 46

Which court level is commonly located in a state capitol building and has a complete law library?

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Question 47

What is the key difference between how a general trial court handles its own cases versus how it handles appeals from a magistrate court of record?

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Question 48

When a defendant petitions a state supreme court for certiorari, what is the most common outcome?

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Question 49

Which judicial body is commonly described as the 'first of two or the only general appellate court in the judicial hierarchy'?

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Question 50

What is the structural relationship between a court of general jurisdiction and a court of limited jurisdiction in a state system?

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Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary