Jurisdiction Flashcards
What is circuit courts jurisdiction?
Jurisdiction over felony matters and misdemeanors.
Sole courts of records for each county in city.
Jurisdiction over juveniles age 14 and older charged with felonies and his cases have been transferred from the juvenile and domestic relations court.
Appellate jurisdiction over misdemeanors tried in General District Court and other inferior tribunals.
What is General District Court jurisdiction?
Not considered courts of record, no jury trials.
Jurisdiction over all offenses against the ordinances, laws, and bylaws of that county, city, or town, as well as traffic violations and misdemeanors (including driving when intoxicated) arising there.
Criminal jurisdiction to conduct preliminary examination of persons charged with felony offenses.
How can you appeal a convection rendered into general District Court?
1410 days of a criminal convection rende it in their general District Court, the accuse may appeal to the Circuit Court. The defendant is than entitled to a jury trial as he has been indicted in the circuit court.
What is a jurisdiction of juvenile and domestic relations court?
Jurisdiction over matters of juveniles less than 18 years of age accused of committing acts that would be a crime if committed by an adult.
If a case is transferred to the circuit court, this court lose jurisdiction.
Who has jurisdiction over juvenile 14 years of age or older?
Juvenile and domestic relations court. If charged with felony can be transferred to the circuit court.
Who has jurisdiction over a juvenile when defendant was younger than 14 years of age at the time of the offense?
Juvenile and domestic relations court, transferred circuit court is not permitted.
What is a proper venue for criminal prosecution?
County or city where the offense was committed.
If crime was committed in commonwealth but the city or county cannot be determined where is the venue proper?
Venue is proper in the county or city:
- In which defendant resides; or
- If the defendant is not a resident, in which the defendant was apprehended; or
- If the defendant is not a resident and not apprehended in the commonwealth call mom in which any related offenses were committed.
What is a proper venue for homicide location was unknown?
City or county where the body of the victim was found.
Where venue is proper if injury in one county or city and death in another?
Either place.
Venue for larceny and embezzlement and forgery
County or city where the offense was committed or into which the defendant took the stolen property or into which the defendant was legally obligated to deliver the property.
When must be question of venue raised in the trial court?
Before the verdict is rendered in a jury trial or before finding of guilt in trials to the court.
Once a jury has been empaneled, there is a conclusive presumption that the motion for a change of venue is unfounded.
