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CRIM 100 Lecture Notes - Lecture 7: Preliminary Hearing, Bail, Trial De Novo

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School
George Mason University
Department
Criminology
Course
CRIM 100
Professor
Nuneville, Michelle R

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Document Summary

History and structure of the american court system. Federal court system: the three-tiered structure of the federal courts, comprising u. s. district courts, u. s. courts of appeals, and the u. s. supreme court. State court system: a state judicial structure and most states generally have at least three courts levels, trail courts, appellate courts, and a state supreme court. Jurisdiction: the territory, subject matter, or people over which a court may exercise lawful authority. Original jurisdiction: the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts. Appellate jurisdiction: the lawful authority of a court to review a decision made by a lower court. State appellate court: there are intermediate appellate courts and high-level appellate courts, all states have supreme courts, but only 39 have intermediate appellate courts.

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Related Questions

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiff’s allegations are true is a

A.

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiff’s evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

PGA Tour, Inc., sponsors professional golf tournaments. A player may enter in several ways, but the most common method is to successfully compete in a three-stage qualifying tournament known as the "Q-School." Anyone may enter the Q-School by submitting two letters of recommendation and paying $3,000 to cover greens fees and the cost of a golf cart, which is permitted during the first two stages, but is prohibited during the third stage. The rules governing the events include the "Rules of Golf," which apply at all levels of amateur and professional golf and do not prohibit the use of golf carts, and the "hard card," which applies specifically to the PGA tour and requires the players to walk the course during most of a tournament. Casey Martin is a talented golfer with a degenerative circulatory disorder that prevents him from walking golf courses. Martin entered the Q-School and asked for permission to use a cart during the third stage. PGA refused. Martin filed a suit in a federal district court against PGA, alleging a violation of the Americans with Disabilities Act. Is a golf cart in these circumstances a "reasonable accommodation" under the ADA? Why or why not? [PGA Tour, Inc. v. Martin, 532 U.S. 661, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001)]

The court ordered PGA to permit Martin to use a cart. PGA appealed to the U.S. Court of Appeals for the Ninth Circuit, which affirmed the order of the lower court. PGA appealed to the United States Supreme Court, which affirmed the lower court's decision, ruling that a golf cart is a reasonable accommodation for a disabled athlete. PGA argued that making an exception to its "walking" rule would "fundamentally alter the sport of golf." The Supreme Court disagreed, stating that the "[u]se of a cart is not inconsistent with the fundamental character of the game of golf," PGA's tours, or the third stage of the Q-School. Golf is defined by "shot-making," not by walking. The Court explained that the ADA is applied case by case. In other words, "[t]he needs of a disabled person [is] evaluated on an individual basis." Thus, in this case, "[e]ven if petitioner's factual predicate is accepted, its legal position is fatally flawed because its refusal to consider Martin's personal circumstances in deciding whether to accommodate his disability runs counter to the ADA's requirement that an individualized inquiry be conducted."

Give your opinion as to whether you agree or disagree with the Supreme Court's ruling in this case. If you were on the court, how would you have ruled? Has the game of golf been altered or equalized? Should ADA apply in this matter? Give your opinion and state reasons for your answer. Also, be sure to respond to someone in the Forum who disagrees with your position or comment on something that someone said that you found interesting

Question 32 of 40

5.0 Points

Under Federal Court Structure, District Courts are the Courts of original jurisdiction.

True/False

Question 33 of 40

5.0 Points

Felony and Misdemeanor charges pertain to unlawful activities in the area(s) of
(i) Contract Law
(ii) Tort Law
(iii) Criminal Law
(iv) Family Law

A. (i) only

B. (ii)and(iii) only

C. (iii) only

D. All of the above

Question 34 of 40

5.0 Points

A pilot retains a lawyer to represent him before an Administrative Law Judge. The lawyer duly represents the pilot. However no fees agreement/arrangement was discussed between the pilot and the lawyer. After the case was over, the lawyer sends a reasonable bill for the services rendered by him and the pilot refuses to pay any fees on the argument that no fees was ever discussed for the representation. Lawyer can bring an action against the pilot on the ground(s) of:
Student response:

A. Quantum Meruit

B. Quantum Valebant

C. Both of the above

D. None of the above

E. Lawyer can not bring action because fees was never discussed

Question 35 of 40

5.0 Points

Common Law is at the heart of U.S law, and it was from England, Ireland and Scotland that the U.S inherited it.

True/False

Question 36 of 40

5.0 Points

The most important part history leading to the development of modern law occurred over the past 400 years during the period referred to as "Second Wave" (i.e., the invention of agriculture).

True/False

Question 37 of 40

5.0 Points

Natural Law Theories:

A. hold that moral principles or laws reflects nature or rational order of things, that is to say, they exist in physical irrespective of human intervention.

B. hold that moral principles or laws reflects nature or rational order of things, that is to say, they exist in political irrespective of human intervention.

C. hold that moral principles or laws reflects nature or rational order of things, that is to say, they exist in common irrespective of human intervention.

D. hold that moral principles or laws reflects nature or rational order of things, that is to say, they exist in nature irrespective of human intervention.