DAY 2: BASIC COURT PROCEDURES Flashcards
TERRITORIAL JURISDICTION DEFINITION.
THE GEOGRAPHICAL AREA IN WHICH A JUDGE OR COURT HAS THE RIGHT TO TRY AND DECIDE A CASE.
Exceptions to territorial jurisdiction
domestic violence and change of venue cases
SUBJECT MATTER JURISDICTION
a municipal court has jurisdiction over the following cases w/in the territorial jurisdiction of the court: county or municipal ordinances, motor vehicle and traffic laws, disorderly persons & petty disorderly persons offenses, fish and game law, penalty enforcement actions, boating laws
TOP OF FORM IS CALLED
COMPLAINT - THE WHO WHAT AND WEAR. IT ALSO CONTAINS THE OATH/CERTIFICATION.
BOTTOM OF FORM
FORM OF PROCESS
FORM OF PROCESS CONTAINS
TO MAKE A DETERMINATION OF PROBABLE CAUSE AND ISSUE FOR OF PROCESS !!SUMMONS OR WARRANT!!
ACCEPT FOR FILING
TO ACCEPT A COMPLAINT BY ANY PERSON
CERTIFICATION
TO OFFICIALLY STATE TO TELL THE TRUTH OR AFFIRM TO TELL THE TRUTH, !ONLY REQUIRES SIGNATURE OF PERSON CERTIFYING!
OATH (BOTH;))
TO SWEAR TO TELL THE TRUTH, REQUIRES SIGNATURE AND DATE OF : !PERSON SWEARING TO THE OATH AND PERSON ADMINISTERING THE OATH!
OFFICIALS AUTHORIZED TO ADMINISTER OATH
- JUDGE 2. COURT ADMINISTRATOR (IF AUTHORIZED BY JUDGE) 3. DEPUTY COURT ADMINISTRATOR (if authorized by judge)
!PROBABLE CAUSE!
AN OFFENSE PROBABLY WAS COMMITTED & THE PERSON BEING ACCUSED PROBABLY COMMITTED IT
WHO CAN DETERMINE PROBABLE CAUSE?
- JUDGE 2. COURT ADMIN(IF AUTHORIZED) 3. DEPUTY COURT ADMIN (IF AUTHORIZED) 4. CODE ENFORCEMENT OFFICER (ONLY IF OFFICER IS THE COMPLAINING WITNESS)
BASIS FOR PROBABLY CAUSE (C.A.S.T)
-THE FACE OF THE complaint
-ANY affidavit IN SUPPORT OF PROBABLE CAUSE
-ANY sworn testimony
WHEN IS A JUDICIAL DETERMINATION FOR PROBABLE CAUSE NEEDED?
- FOR ALL WARRANTS
- WHEN THE COMPLAINING WITNESS IS A PRIVATE CITIZEN
WHY? (WHEN IS A JUDICIAL DETERMINATION FOR PROBABLE CAUSE NEEDED pt 2 of question)
FOR ALL WARRANTS WHY? AS A RESULT OF CHECKS AND BALANCES W/ THE EXECUTIVE BRANCH
WHEN THE COMPLAINING WITNESS IS A PRIVATE CITIZEN WHY? BECAUSE THE JUDICIARY IS NEUTRAL AND IMPARTIAL
WHO SIGNS THE COMPLAINT WHEN PROBABLE CAUSE IS FOUND?
WHOEVER FINDS IT SIGNS IT. BY THE AUTHORIZED JUDICIAL OFFICER
WHAT IS A SUMMONS?
A SUMMONS IS THE FORM OF PROCESS THAT ORDERS A DEFENDANT TO APPEAR FOR COURT ON A CERTAIN DATE AND TIME.
!!!THERE IS NO ARREST ON A SUMMONS!!! !!!BAIL IS NEVER SET ON A SUMMONS!!!
FORM OF PROCESS WARRANT
A JUDICIAL DETERMINATION OF PROBABLE CAUSE IS REQUIRED FOR THE ISSUANCE OF EVERY WARRANT
MONETARY BAIL MAY ONLY BE SET ON A PETTY DISORDERLY PERSON OFFENSE
UTT( CHARGING DOC)
=SPECIAL FORM OF COMPLAINT=
UTT (SPECIAL FORM OF COMPLAINT) IS ALWAYS A SUMMONS -
THERE IS NO JUDICIAL DETERMINATION OF PROBABLE CAUSE ON UTT - PROB CAUSE IS DETERMINED BY OFFICER ISSUING TICKET
THE SPECIAL FORM OF COMPLAINT AND SUMMONS MAY BE USED BY:
-LAW ENFORCEMENT OFFICER “ON THE STREET”
-CODE ENFORCEMENT WHO ARE AUTHORIZED TO ISSUE AND SIGN COMPLAINTS
-PRIVATE CITIZEN WHO ARE THE COMPLAINANT
{PROB CAUSE CAN BE FOUND BY COURT AUTHORIZED JUDICIAL OFFICER AND LAW ENFORCEMENT OR CODE ENFORCEMENT WHEN OFFICER IS THE COMPLAINING WITNESS}
SPECIAL FORM OF COMPLAINT AND SUMMONS CANNOT BE USED FOR
-DOMESTIC VIOLENCE
-ANY INDICTABLE OFFENSE OR COMPANION MATTER TO AN INDICTABLE OFENSE
FOR THE SPECIAL FORM OF COMPLAINT AND SUMMONS REMEMBER {NO! B.I.R.D}
NO!
-Bail
-Indictables
-Related to indictables
-Domestic violence
CDR-1
COMPLANT/!SUMMONS! // FORM OF PROCESS IS ALWAYS SUMMONS
CDR-2
COMPLAINT/!WARRANT! // FORM OF PROCESS ALWAYS WARRANT
