Crim J Test 3 Part 1

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Crim J Test 3 Part 1
2012-11-05 19:19:12
Crim Test Part

Crim J Test 3 Part 1
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  1. Magistrate Court Civil Case Duties
    • small claims (less than $4,000)
    • property evictions
    • landloard/tenant disputed
    • marges
  2. Magistrate Court Criminal Case Duties
    • review probable cause for all state arrests
    • search warrants
    • arrest warrants
    • sets bond/bail amout
    • may handle low level offenses
  3. Misdemeanor Court Civil Case Duities
    • medium size law suit (between $4,000 and $10,000)
    • family matters such as annulments, divorce, property distribution, child support
  4. Misdemeanor Court Criminal Case Duities
    • midemeanor cases are bench trials
    • traffic court (major offenses)
    • felony preliminary hearing
  5. Major Trial / Superior Court Civil Duties
    • large lawsuits (over $10,000)
    • probate wills and estates
  6. Major Trial / Superior Criminal Civil Duties
    • retry midemeanor cases (appeals) from district/misd. court
    • felony trials
    • new "specialty" courts: drug court, mental health, repeat offender court
  7. Intermediate Appellate Court
    • handle appeals from superior/felony court
    • review case for error
    • work on a pannel of judges
    • can affirm (up hold) or reverse --> remand for new trial
    • issue written opinion as to why they chose what they did
    • their decision may be appealed to state supreme court
  8. State Supreme Court
    • court of last resort in state system
    • may or may not accept a case from appellate court
    • work in a group of judges (NC uses 7)
    • they can affirm, reverse, remand
    • issue opinion
    • a case lost in state supreme court could be appealled and reviewed by the US Supreme Court if there is a federal constitutional legal issue
  9. US Supreme Court
    • 9 justices
    • highest level court
    • appointed by President and approved by senate
    • min of 4 justices needed to approve case to be reviewed by court
  10. Selection of State Judges
    • election- campain for auction
    • appointed by govenor
    • merrit plan- objective commition selects nominies to be presented to govenor then one selected for a one year period then public vote to keep on bench
  11. Selection of Federal Judge
    appointed by President and approved by senate
  12. Duties of Trial Judges
    • security in the court room
    • make sure there is a fair trial
    • make decisions in regards to pre-trial motions
    • legal instructions to the jury
    • signing off on warrarts
    • judicial training for new laws
  13. Marbury v. Madison
    established basis for judicial review
  14. Writ of certiorari 
    allows the Supreme Court to decide which cases to hear
  15. The rule of four
    4 or more federal judges agree to hear a case