Chapter 3 Flashcards
District Courts are where
located in Nassau County and parts of Suffolk Country
District court civil jurisdiction
claims up to 15,000$ and small claims up to 5,000$
District court criminals jurisdiction
District courts are authorized to handle misdemeanors and violations committed in their borders. Also conducting arraignments and preliminary hearings in felonies
arraignment
brought to a court to announce your guilt or nonguilt in a matter
preliminary hearing
a preliminary hearing establishes whether there is reason to suspect the accused had committed a felony
surrogates court
court that hears cases involving death: wills, estates (also adoptions for some reason)
New York Supreme Court
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.
injunction
a legal order restraining a party from an action, or compelling a party to a duty
Civil Court of the City of New York
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
Court of Claims
Responsible for claims against NYS and various NYS authorities. No jurisdiction over individuals, towns, citys, etc.
after a trial, if a plaintiff or defendant feels they did not receive justice…
they can appeal to an appellate
what is double jeopardy
a prosecutor appealing a guilty verdict, or its equivalent, which is illegal
How many appellate divisions of the supreme court are there
FOUR!!!!! YOUR EIN THE FOURTH
The New York Court of Appeals is composed of a…
Chief Judge and six Associate Judges
Federal District Courts
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.
U.S. court of appeals
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.
Article 1 courts
U.S Tax Court, U.S Court of Appeals for Armed Forces, Court of Appeals for Veteran Claims
U.S Supreme Court
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.
WHAT ARE THE SOURCES OF LAW (for u)
United States Constitution
New York Constitution
Federal, State, and Local Statutes
Federal and State Administrative Rules
Common Law
What are statutes?
Statues are written laws created by an elected legislature and signed into law by an executive.
what are ordinances and codes? (local statutes)
local laws passed by village, city, and town boards, usually regulating zoning and housing
What is administrative law?
specific rules on the administration of statutes. The agencies that create these laws are under the control of the executive branch.
Common Law?
Law derived from the decisions of courts. Precedent set by higher courts is binding on lower courts.
