CITP Exam 3 Already Graded A
Original Jurisdiction
or jury.
Trial court where the defendant was found guilty or not guilty by the judge
Witnesses testify under oath and evidence is presented.
Appellate Jurisdiction
Court that conducts a review of what happened at the trial court.
...
CITP Exam 3 Already Graded A
Original Jurisdiction Trial court where the defendant was found guilty or not guilty by the judge
or jury.
Witnesses testify under oath and evidence is presented.
Appellate Jurisdiction Court that conducts a review of what happened at the trial court.
Court only reviews the record for legal errors committed at the trial level.
Court does not entertain new evidence or testimony.
Classifications of criminal offenses Felony - Max sentence is more than one year imprisonment or
death (366 days or more)
Class A Misdemeanor - More than 6 months up to 1 year imprisonment
Class B Misdemeanor - More than 30 days up to 6 months imprisonment
Class C Misdemeanor-More than 5 days up to 30 days imprisonment
Infraction - 5 days of imprisonment or less
Petty Offense Offenses where the max imprisonment is 6 months or less (Class B, C, and
infractions)
Federal Courts from Highest to Lowest U.S. Supreme Court
US Circuit Court of Appeals
US District Court
US Magistrate Courts
Supreme Court Only court created by the U.S. Constitution
Has both appellate and original jurisdiction
Has 9 judges who decide by majority vote
Hears cases on appeal by discretion only
Circuit Courts 13 Circuit Courts around the United States
Have appellate jurisdiction only
, Decision is only binding on the courts within its circuit
District Courts Only court that can hear the trial on felony cases
94 District Courts around the U.S.
Can hear Class A misdemeanor offenses, but only if the defendant does not consent to it being heard
by the magistrate court
Magistrate Courts Hears Class A misdemeanors, if the defendant consents
Hears petty offenses
Can hear pre-trial hearings such as the initial appearance, detention hearings, etc.
Legal Documents Used to Start a Case Criminal Complaint
Indictment
Information
Initial Appearance Defendant's first court appearance after arrest
Defendant is told the criminal charges
Defendant is read their constitutional rights
Pre-trial release (bond) is determined
Without unnecessary delay
Max 48 hours from arrest
Remedy for violation of rule is release from custody
Congress gives 6-hour safe zone to delay for purpose of getting statements from defendant, but after
6 hours statements may not be admissible
Detention Hearing Hearing where the defendant is permitted to present evidence about whether
they should get a bond
Hearing occurs either at the initial appearance or up to 10 days after the initial appearance
**Release is preferred on his own personal recognizance
RULE 1 If arresting the defendant in the District where the crime occurred, Their initial
appearance should be in the district of arrest
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