7.4. Structure of the Courts: State Courts
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Questions
What percentage of criminal prosecutions in the United States do state courts handle?
View answer and explanationWhat is the term for a court that has the authority to conduct felony and major misdemeanor trials?
View answer and explanationWhile there is no federal constitutional requirement for it, the right for defendants to appeal their convictions is arguably implicit in which clause?
View answer and explanationHow do appellate courts typically differ in atmosphere from trial courts?
View answer and explanationIn a typical state court hierarchy, what is the function of a magistrate court in a serious felony case?
View answer and explanationWhat is the term for the application requesting a discretionary review of a case by a state supreme court?
View answer and explanationWhat happens when an appeal is made from a court that is described as a court 'not of record'?
View answer and explanationIn 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?
View answer and explanationWhat is the primary role of a general trial court in the state court hierarchy?
View answer and explanationIn addition to conducting trials, what other function does a general trial court serve?
View answer and explanationWhat is the highest court to which a case can ordinarily be taken in a state judicial system?
View answer and explanationAccording to the text, what was the original reason for the distinction between 'courts of record' and courts 'not of record'?
View answer and explanationIn a state judicial system with two tiers of appellate courts, the supreme court is at what level of the hierarchy?
View answer and explanationIf 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?
View answer and explanationWhat type of cases are handled by courts of limited jurisdiction?
View answer and explanationWhat is meant by the term 'trial de novo'?
View answer and explanationWhat common feature do all state court systems share, despite their variations?
View answer and explanationIn a three-level state court hierarchy with only one appellate tier, the supreme court would be at which level?
View answer and explanationWhy do most civil or criminal cases in states with a four-level hierarchy not get beyond the third level?
View answer and explanationWhat is the natural route of appeal for a defendant convicted of a misdemeanor in a magistrate court?
View answer and explanationA court of last resort in a state system is generally referred to as what?
View answer and explanationAccording to Scheb's description, what is a characteristic feature of the setting where appellate judges hear oral arguments?
View answer and explanationWhat is the primary activity of appellate judges when they are not hearing oral arguments?
View answer and explanationBesides handling minor criminal cases, what other function do courts of limited jurisdiction perform?
View answer and explanationA judicial system that has a magistrate court, a general trial court, and a supreme court has how many levels?
View answer and explanationWhat type of review does a general trial court conduct for a misdemeanor conviction from a magistrate court that is 'not of record'?
View answer and explanationWhy was a 'trial de novo' considered a substitute for appellate review?
View answer and explanationWhich court in the state hierarchy is described as being 'predominantly a trial court' but also serving an appellate function?
View answer and explanationMost states have court systems that are described as falling between which two extremes?
View answer and explanationIn the typical hierarchy described by Kerper, what is the bottom-level court?
View answer and explanationWhat is the consequence of a state supreme court having discretionary appellate jurisdiction?
View answer and explanationIf a person arrested on a felony charge is first brought before a magistrate, what will the magistrate do?
View answer and explanationThe text describes state trial courts as 'busy, bustling places' while appellate courts are 'solemn and serene.' What does this contrast in 'feel' reflect?
View answer and explanationHow many appellate tiers exist in the federal system and in almost half of the states?
View answer and explanationIn 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?
View answer and explanationThe trial de novo is described as not being a true appellate review because it does not do what?
View answer and explanationWhat does a writ of certiorari, when issued by a supreme court, direct the intermediate appellate court to do?
View answer and explanationWhy do state courts play such a significant role in the U.S. justice system?
View answer and explanationA state's court of last resort is commonly described as its what?
View answer and explanationWhat is the typical composition of a state court system's structure?
View answer and explanationThe decor in state appellate courts is often described as formal and may feature what?
View answer and explanationWhat ensures that a person arrested for a felony is not sent to a general trial court without sufficient cause?
View answer and explanationA court system with an intermediate appellate court means that a felony defendant's absolute right to review extends only to which court?
View answer and explanationWhat is the primary reason that a trial de novo proceeds as if the case had begun in the higher court?
View answer and explanationWhat must all states provide for defendants regarding their convictions, even without an explicit federal constitutional mandate?
View answer and explanationWhich court level is commonly located in a state capitol building and has a complete law library?
View answer and explanationWhat 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?
View answer and explanationWhen a defendant petitions a state supreme court for certiorari, what is the most common outcome?
View answer and explanationWhich judicial body is commonly described as the 'first of two or the only general appellate court in the judicial hierarchy'?
View answer and explanationWhat is the structural relationship between a court of general jurisdiction and a court of limited jurisdiction in a state system?
View answer and explanation