Court Procedure W8 Flashcards
What types of cases does the District Court hear?
The District Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other cases.
What is the criminal jurisdiction of the District Court?
The District Court’s criminal jurisdiction extends to all felonies (penalty up to 5 years), all misdemeanors, and all violations of city/town ordinances and by-laws.
What is the role of District Court magistrates?
District Court magistrates conduct hearings to issue criminal complaints, arrest warrants, and determine probable cause to detain persons arrested without a warrant.
What are the civil matters handled by the District Court?
The District Court handles civil matters that do not exceed $25,000.
What is the jurisdiction of the Superior Court?
The Superior Court has stateside court of general jurisdiction, handling both criminal and civil actions.
What is the original jurisdiction of the Superior Court in civil actions?
The Superior Court has original jurisdiction in civil actions over $25,000.
What exclusive authority does the Superior Court have?
The Superior Court has exclusive authority to convene medical malpractice tribunals and original jurisdiction in first degree murder cases.
What types of cases does the Juvenile Court handle?
The Juvenile Court has general jurisdiction over delinquency, children requiring assistance, care and protection petitions, and other related cases.
What is an appeal?
An appeal is a formal application of one found guilty of a crime by a lower court to have his case tried again in a higher court.
What is an arraignment?
An arraignment is the calling of the defendant to the bar of the court to answer the accusation contained in the indictment or complaint.
What is a complaint in legal terms?
A complaint is an allegation made by one or more persons before a proper magistrate that another person has committed a designated crime.
What constitutes evidence?
Evidence is the legal means, exclusive of mere argument, of proving or disproving any matter in question.
Who is the defendant in a criminal case?
The defendant is the person charged with the commission of a crime.
What is an indictment?
An indictment is an accusation in writing found and presented by a grand jury, charging that a person has committed a specific crime.
What does jurisdiction mean?
Jurisdiction is the power to inquire into the facts, apply the law, and declare punishment in a regular course of judicial proceeding.
What is an affidavit?
An affidavit is a declaration in writing sworn to or affirmed by the party making it before a person authorized to administer an oath.
What is testimony?
Testimony is the statement of a witness under oath or affirmation.
What is a hearing?
A hearing is the testifying of witnesses before a court to determine whether there is sufficient evidence against the defendant.
What is an oath?
An oath is a solemn affirmation, declaration, or promise made under a sense of responsibility to God for the truth of what is stated.
What is a certified copy?
A certified copy is a copy with a certificate under hand and official seal of the public officer, stating it is a correct transcript of the original document.
What is a subpoena?
A subpoena is a written order from a court requiring a person to appear at a certain time and place.
What is a summons?
A summons is a written order from a court magistrate, ordering a person to appear at a certain time and place to answer a complaint.
What is an acquittal?
An acquittal occurs when a defendant is found not guilty in a criminal case.
What is a conviction?
A conviction is the result of a trial that ends in a verdict or finding that the defendant is guilty.
What is a bench trial?
A bench trial is a trial just before a judge.
What is a jury trial?
A jury trial is a trial conducted by a jury of peers.
What is a deposition?
A deposition is an oral statement made before an officer authorized to administer oaths.
What does venue refer to?
Venue refers to the place or county in which a prosecution or other action is brought to trial.
What is the principle of public proceeding in court?
Court proceedings are public.
What is due process?
Due process includes the presumption of innocence.
What are the roles of the Clerk’s Office?
The Clerk’s Office maintains court records, assists judges, presides over hearings, collects fines, and issues subpoenas and summons.
What is the role of the District Attorney?
The District Attorney represents the citizens in criminal cases and determines the path of criminal cases.
What is the role of a Defense Attorney?
A Defense Attorney represents the defendant in a criminal case.
What are the responsibilities of a Judge?
A Judge runs court sessions, makes legal decisions, sets bails, and oversees trials.
What is the Supervisor of Cases?
The Supervisor of Cases is a designated Boston Police Superior Officer responsible for court procedures.
What must police officers know regarding court procedures?
Police Officers must have greater knowledge of court procedures and be properly prepared when appearing in court.
What is the Court Attendance Form?
On-duty officers must submit a Court Attendance Form to the Supervisor of Cases for signature.
What is Rule 320A regarding Court Appearance Authorization Slips?
The Supervisor of Cases is responsible for issuing Court Overtime Slips to officers required to appear in court on an overtime basis.
What is the Application for Complaint Form?
The Application for Complaint Form is a court document that officers complete when making arrests.
What are the responsibilities of the arresting officer regarding the Application for Complaint Form?
The arresting officer must fill out the form, sign it, and attach necessary documents.
What can lead to the revocation of an officer’s certification?
Conviction of a felony, misrepresentation, or filing false reports can lead to revocation of an officer’s certification.
What is perjury?
Perjury is willfully swearing or affirming falsely in a judicial proceeding.
