DAY 2: BASIC COURT PROCEDURES

Question 1

TERRITORIAL JURISDICTION DEFINITION.

Answer 1

THE GEOGRAPHICAL AREA IN WHICH A JUDGE OR COURT HAS THE RIGHT TO TRY AND DECIDE A CASE.

Question 2

Exceptions to territorial jurisdiction

Answer 2

domestic violence and change of venue cases

Question 3

SUBJECT MATTER JURISDICTION

Answer 3

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

Question 4

TOP OF FORM IS CALLED

Answer 4

COMPLAINT - THE WHO WHAT AND WEAR. IT ALSO CONTAINS THE OATH/CERTIFICATION.

Question 5

BOTTOM OF FORM

Answer 5

FORM OF PROCESS

Question 6

FORM OF PROCESS CONTAINS

Answer 6

TO MAKE A DETERMINATION OF PROBABLE CAUSE AND ISSUE FOR OF PROCESS !!SUMMONS OR WARRANT!!

Question 7

ACCEPT FOR FILING

Answer 7

TO ACCEPT A COMPLAINT BY ANY PERSON

Question 8

CERTIFICATION

Answer 8

TO OFFICIALLY STATE TO TELL THE TRUTH OR AFFIRM TO TELL THE TRUTH, !ONLY REQUIRES SIGNATURE OF PERSON CERTIFYING!

Question 9

OATH (BOTH;))

Answer 9

TO SWEAR TO TELL THE TRUTH, REQUIRES SIGNATURE AND DATE OF : !PERSON SWEARING TO THE OATH AND PERSON ADMINISTERING THE OATH!

Question 10

OFFICIALS AUTHORIZED TO ADMINISTER OATH

Answer 10

1. JUDGE 2. COURT ADMINISTRATOR (IF AUTHORIZED BY JUDGE) 3. DEPUTY COURT ADMINISTRATOR (if authorized by judge)

Question 11

!PROBABLE CAUSE!

Answer 11

AN OFFENSE PROBABLY WAS COMMITTED & THE PERSON BEING ACCUSED PROBABLY COMMITTED IT

Question 12

WHO CAN DETERMINE PROBABLE CAUSE?

Answer 12

1. JUDGE 2. COURT ADMIN(IF AUTHORIZED) 3. DEPUTY COURT ADMIN (IF AUTHORIZED) 4. CODE ENFORCEMENT OFFICER (ONLY IF OFFICER IS THE COMPLAINING WITNESS)

Question 13

BASIS FOR PROBABLY CAUSE (C.A.S.T)

Answer 13

-THE FACE OF THE complaint
-ANY affidavit IN SUPPORT OF PROBABLE CAUSE
-ANY sworn testimony

Question 14

WHEN IS A JUDICIAL DETERMINATION FOR PROBABLE CAUSE NEEDED?

Answer 14

1. FOR ALL WARRANTS
2. WHEN THE COMPLAINING WITNESS IS A PRIVATE CITIZEN

Question 15

WHY? (WHEN IS A JUDICIAL DETERMINATION FOR PROBABLE CAUSE NEEDED pt 2 of question)

Answer 15

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

Question 16

WHO SIGNS THE COMPLAINT WHEN PROBABLE CAUSE IS FOUND?

Answer 16

WHOEVER FINDS IT SIGNS IT. BY THE AUTHORIZED JUDICIAL OFFICER

Question 17

WHAT IS A SUMMONS?

Answer 17

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!!!

Question 18

FORM OF PROCESS WARRANT

Answer 18

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

Question 19

UTT( CHARGING DOC)
=SPECIAL FORM OF COMPLAINT=

Answer 19

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

Question 20

THE SPECIAL FORM OF COMPLAINT AND SUMMONS MAY BE USED BY:

Answer 20

-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}

Question 21

SPECIAL FORM OF COMPLAINT AND SUMMONS CANNOT BE USED FOR

Answer 21

-DOMESTIC VIOLENCE
-ANY INDICTABLE OFFENSE OR COMPANION MATTER TO AN INDICTABLE OFENSE

Question 22

FOR THE SPECIAL FORM OF COMPLAINT AND SUMMONS REMEMBER {NO! B.I.R.D}

Answer 22

NO!
-Bail
-Indictables
-Related to indictables
-Domestic violence

Question 23

CDR-1

Answer 23

COMPLANT/!SUMMONS! // FORM OF PROCESS IS ALWAYS SUMMONS

Question 24

CDR-2

Answer 24

COMPLAINT/!WARRANT! // FORM OF PROCESS ALWAYS WARRANT

Question 25

CDR-1 COMPLAINTS PROB CAUSE CAN BE DETERMINED BY

Answer 25

AUTHORIZED JUDICIAL OFFICERS (JUDGE, CA, DCA) , LAW ENFORCEMENT OR CODE ENFORCEMENT ONLY WHEN THEY ARE A COMPLAINING WITNESS

Question 26

CDR-2 PROB CAUSE DETERMINED BY

Answer 26

AUTHORIZED JUDICIAL OFFICER ONLY

Question 27

WHAT IS THE DATE THE DEFENDENT HAS TO CONTACT THE COURT TO EITHER PLEAD NO GUILTY OR PAY THE FINE

Answer 27

RETURN DATE

Question 28

PLEA BY MAIL

Answer 28

PERMITTING THE DEFENDANT TO SUBMIT A PLEA OF GUILTY OR NOT GUILTY IN WRITING AND MAILING IT TO COURT FOT ADJUDICATION - ONLY GUILTY PLEAS ON NON TRAFFIC VIOLATIONS

Question 29

HOW LONG ARE SOUND RECORDINGS KEPT

Answer 29

SOUND RECORDING OF THE PROCEEDINGS ARE KEPT FOR 5 YEARS

Question 30

!CONSEQUENCES OF MAGNITUDE!!

Answer 30

-ANY SENTENCE OF IMPRISONMENT
-ANY PERIOD OF DRIVER LICENSE SUSPENSION
-ANY MONEY SANCTION OF 800$ OR MORE OR ANY COSTS IMPOSED BY COURT

Question 31

what are the exceptions to subject matter jurisdiction

Answer 31

juvenile offenses and indictable cases

Question 32

please list examples of personal identifiers

Answer 32

social security number, drivers license, license plate, insurance policy number, active finance account number, active credit cards number, military status

Question 33

what is an appeal?

Answer 33

the process where a case is sent to a higher court for a review of the lower courts decision

Question 34

an appeal must be filed within how many days

Answer 34

20 days