Jurisdiction/Terminology

Question 1

Within how many days of entry of a final judgment (sentencing) must D file a motion to set aside the Jury’s verdict ?

Answer 1

21 days

Question 2

How many jurors are required for a misdemeanor jury trial

Answer 2

7…. (12 for a felony)

Question 3

How may days must a D notify the Commonwealth of his intent to use an insanity defense ?

Answer 3

60 days

Question 4

“The Commonwealth”

Answer 4

The prosecution or the person who is the prosecutor

Question 5

“Arraignment”

Answer 5

is the proceeding where the Defendant appears in court and enters a plea

Question 6

Motion to Strike/
Motion to Strike the Commonwealth’s evidence

Answer 6

Is made at the close of the commonwealth’s case and seeks to dismiss a charge (identify each element of the crime to determine if there is sufficient evidence)

Question 7

Nollee Prosequi (null pross)

Answer 7

Motion to Dismiss without prejudice and for good cause

Question 8

Alford Plea

Answer 8

Allows the court to enter a finding of guilty, but the defendant does not admit to the facts required to establish the elemenets of the crime

Question 9

Magistrates

Answer 9

Are judicial officers with limited powers. They can issue arrest/search warrants and make initial bail decisions

Question 10

General District court is not a

Answer 10

court of record

(all appeals from GDC are subject to denovo review)

Question 11

GDC only has jurisdiction to hear

Answer 11

Misdemeanor cases

GDC cannot hear felonies

Question 12

GDC does not have the power to conduct

Answer 12

Jury Trials

Question 13

GDC’s Involvement in Felony Cases consists of preliminary matters including

Answer 13

1) Bail Determinations

2) Probable cause hearing

Question 14

Circuit courts are courts of

Answer 14

Record

Question 15

Circuit Court has jurisdiction to hear

Answer 15

Both Misdemeanor and Felony Cases

Question 16

A Defendant has an ______ to appeal from DGC to Circuit court

Answer 16

An Absolute right

Question 17

A Defendant appeal must within _____ to Circuit Court

Answer 17

10 Days

Question 18

Can A defendant who pleads guilty in GDC appeal to circuit court ?

Answer 18

Yes and it will still be reviewed De Novo

Question 19

JDR has the jurisdiction to

Answer 19

charge delinquent acts by juveniles

Question 20

A delinquent Act would be

Answer 20

a crime if committed by an adult

Question 21

What are the two critical factors for the transfer from JDR to CC

Answer 21

1) Age of the D

2) Nature of the charge against D

Question 22

There is never transfer for

Answer 22

Defendants who are younger than 14

Question 23

When will the JDR Automatically Transfer a case to CC

Answer 23

1) When D is 16 or 17
2) When D is charged with murder or aggravated malicious wounding

Question 24

When Automatic Transfer applies, is a motion required ?

Answer 24

No, a motion from a party is not required

Question 25

What is the function of JDR when the case will be automatically transferred

Answer 25

To make a finding of probable cause at a preliminary hearing

Question 26

When will the Commonwealth have the option to Transfer From JDR to CC

Answer 26

1) When D is 16 or 17
2) When D is charged with a violent felony (rape, abduction, robbery, third offense for drug distribution)

Question 27

What must the Commonwealth do to have the option to transfer ?

Answer 27

File a motion after the preliminary hearing. The JDR must certify if it finds probable cause

Question 28

When Does the court have discretion to transfer a case

Answer 28

1) When D is 14 or older
2) When it finds that the D is not a “proper person” for trial and punishment as a juvenile