Chapter 3

Question 1

District Courts are where

Answer 1

located in Nassau County and parts of Suffolk Country

Question 2

District court civil jurisdiction

Answer 2

claims up to 15,000$ and small claims up to 5,000$

Question 3

District court criminals jurisdiction

Answer 3

District courts are authorized to handle misdemeanors and violations committed in their borders. Also conducting arraignments and preliminary hearings in felonies

Question 4

arraignment

Answer 4

brought to a court to announce your guilt or nonguilt in a matter

Question 5

preliminary hearing

Answer 5

a preliminary hearing establishes whether there is reason to suspect the accused had committed a felony

Question 6

surrogates court

Answer 6

court that hears cases involving death: wills, estates (also adoptions for some reason)

Question 7

New York Supreme Court

Answer 7

a trial court for cases outside the jurisdiction of other courts. It has EXCLUSIVE jurisdiction over divorce, separation, and annulment. Also mortgage foreclosures and injunctions.

Question 8

injunction

Answer 8

a legal order restraining a party from an action, or compelling a party to a duty

Question 9

Civil Court of the City of New York

Answer 9

only civil cases, hearing cases dealing in amounts up to $25,000, and small cases up to $5,000. This course also has a department that deals in housing

Question 10

Court of Claims

Answer 10

Responsible for claims against NYS and various NYS authorities. No jurisdiction over individuals, towns, citys, etc.

Question 11

after a trial, if a plaintiff or defendant feels they did not receive justice…

Answer 11

they can appeal to an appellate

Question 12

what is double jeopardy

Answer 12

a prosecutor appealing a guilty verdict, or its equivalent, which is illegal

Question 13

How many appellate divisions of the supreme court are there

Answer 13

FOUR!!!!! YOUR EIN THE FOURTH

Question 14

The New York Court of Appeals is composed of a…

Answer 14

Chief Judge and six Associate Judges

Question 15

Federal District Courts

Answer 15

have jurisdiction over civil and criminal cases, have lifetime appointed district judges and assisting magistrate judges. They is at least one for each state and territory.

Question 16

U.S. court of appeals

Answer 16

there are 13 federal appeal courts residing over the 12 regional circuits of the US. (we’re in the 2nd one). Holds special jurisdiction over patent laws, international trade, and federal claims.

Question 17

Article 1 courts

Answer 17

U.S Tax Court, U.S Court of Appeals for Armed Forces, Court of Appeals for Veteran Claims

Question 18

U.S Supreme Court

Answer 18

Article III established the supreme court and the lower courts. The final arbiter of constitutional questions. Absolute discretion to grant an appeal with only 4 votes.

Question 19

WHAT ARE THE SOURCES OF LAW (for u)

Answer 19

United States Constitution

New York Constitution

Federal, State, and Local Statutes

Federal and State Administrative Rules

Common Law

Question 20

What are statutes?

Answer 20

Statues are written laws created by an elected legislature and signed into law by an executive.

Question 21

what are ordinances and codes? (local statutes)

Answer 21

local laws passed by village, city, and town boards, usually regulating zoning and housing

Question 22

What is administrative law?

Answer 22

specific rules on the administration of statutes. The agencies that create these laws are under the control of the executive branch.

Question 23

Common Law?

Answer 23

Law derived from the decisions of courts. Precedent set by higher courts is binding on lower courts.