Kaitlyn Orsini

Question 1

Writ of Certiorari

2 things

Answer 1

1) Formal written order by a judge or other body with administrative or judicial jurisdiction to decide what cases to hear.
2) It goes to the Supreme Court

Question 2

US Circuit Court of Appeals

4 things

Answer 2

1) Appellate appointed by the President of the U.S.
2) Empowered to review federal and state appellate court on substantive and procedural issues, including rights guaranteed by the constitution.
3) DOESN’T retry cases or determine whether the facts brought out during trial support conviction or dismissal
4) Analyze judicial interpretations of law such as charge to the jury and reflect on constitutional issues involved

Question 3

NY Court of Appeals

7 things

Answer 3

1) Highest court under New York’s state system
2) Court of last resort for state remedies
3) Civil and criminal jurisdiction
4) Judges are nominated by the governor and must be ratified by NY state senate
5) 7 judges on NY state of appeal
6) 5 judges are needed for quorum
7) 4 are needed for a decision

Question 4

Surrogates Court

4 things

Answer 4

1) Does NOT have criminal jurisdiction
2) Has jurisdiction over matters of: DECEASED, GUARDIANSHIP, MATTERS OF ADOPTION, MATTERS OF DISTRIBUTION OF ESTATE WHEN SOMEONE DIES
3) Judges are elected
4) One judge in each county EXCEPT NY county has 2

Question 5

NYC Civil Court

4 things

Answer 5

1) Civil jurisdiction
2) Hears civil cases
3) Judges are elected
4) The court to go to when people are seeking $25,000 or less

Question 6

NY Supreme Court

5 things

Answer 6

1) There is only one Supreme Court with a branch in each county
2) Justices are elected
3) Trial court, civil or criminal cases
4) Has almost all the jurisdiction
5) Highest appellate body, is the court of last resort
6) Does Felony trials and civil trials

Question 7

City courts

5 things

Answer 7

1) NO city courts in NYC
2) 62 cities
3) Judges are elected
4) Criminal and civil jurisdiction
5) Misdemeanor and lesser offenses

Question 8

Town and village courts

3 things

Answer 8

1) Judges are elected
2) Criminal and civil jurisdiction
3) Criminal cases- misdemeanor or lesser offenses

Question 9

Family courts

3 things

Answer 9

1) Jurisdiction over family matters: CUSTODY, FRATERNITY, ADOPTION, ABUSE, PARENTAL RIGHTS
2) Have Juvenile delinquency’s
3) No jury, judge decides

Question 10

Court of claims

5 things

Answer 10

1) When you sue and the state is the defendant
2) Judges are appointed by the governor
3) No jury, court decides
4) NO criminal jurisdiction
5) Civil jurisdiction

Question 11

NYC Criminal Courts

4 things

Answer 11

1) Criminal Jurisdiction
2) Criminal Cases- misdemeanor or lesser offenses
3) Trials start as a felony but can’t remain, if they remain it GOES TO SUPREME COURT
4) Judges are appointed by the mayor

Question 12

Federal Court System

3 things

Answer 12

1) Highest court- U.S Supreme Court
2) Circuit court of appeals - 13 throughout our country, subdivided into 11 circuits, 2 additional (DC & Federal)
3) They can only hear cases authorized by the United States Constitution or federal statutes. Is the starting point for any case arising under federal statutes, the Constitution, or treaties.

Question 13

Appellate Division of Supreme Court

4 things

Answer 13

1) Civil and criminal cases
2) Justices are elected to Supreme Court and then appointed to sit on appellate division by the governor
3) 4 justices are needed for a Quorum
4) 3 justices to make a decision

Question 14

Appellate Division reports designated by what case citation?

Answer 14

AD 115AD2d93

Question 15

Appellate Term of the Supreme Court

3 things

Answer 15

1) Only exists in 1st and 2nd departments
2) Are elected by the Supreme Court
3) Has criminal and civil jurisdiction

Question 16

When an Appellate Court decides to render a decision you have….

Answer 16

Majority opinion

Question 17

County Courts

7 Things

Answer 17

1) An appellate court and a trial
2) Civil and criminal jurisdiction
3) Appellate and trial subject matter jurisdiction
4) Judges are elected
5) No county courts within the 5 counties of NYC
6) Felony and less for criminal trails we go to county court
7) If you are outside of NYC you go to county court

Question 18

District Courts

6 things

Answer 18

1) Exists only in Nassau and Suffolk county
2) Civil and Criminal jurisdiction
3) Criminal jurisdiction for misdemeanor and minor offenses
4) Judges are elected
5) A trial court
6) Jurisdiction over: VIOLATIONS OF FEDERAL LAW, KIDNAPPINGS and SOMETIMES CITIZENSHIP

Question 19

Some courts cannot hear criminal cases because…

Answer 19

They have no authority

Question 20

If “NY” is in citations it means…

Answer 20

It comes from the NY state of appeals

Question 21

Laws come from..

Answer 21

Statues or state decisions

Question 22

1 court of appeal in NY is in…

Answer 22

Albany because it’s the capitol

Question 23

NY state is divided into how many departments?

Answer 23

4

Question 24

Within each department there’s a..

Answer 24

County

Question 25

How many counties in New York?

Answer 25

62

Question 26

How many cities in New York

Answer 26

62

Question 27

What counties are in the first department?

Answer 27

Bronx and New York

Question 28

How many counties in the second department? What are they?

Answer 28

``` Kings (Brooklyn) Queens Nassau Richmond (Staten Island) Suffolk ``` ``` WDORP: Westchester Dutchess Orange Rockland Putnam ```

Question 29

Appellant means to..

Answer 29

appeal

Question 30

Respondent is...

Answer 30

the party responding to appeal

Question 31

Opinion that goes with the majority

Answer 31

concurring

Question 32

Opinion that disagrees with majority...

Answer 32

Discenting

Question 33

When does the Supreme Court term begin?

Answer 33

First Monday of October

Question 34

How many cases brought to the Supreme Court? How many do they take?

Answer 34

8,000 brought and 80 are taken

Question 35

"Kaitlyn vs..."

Answer 35

Means civil case

Question 36

"People vs..."

Answer 36

Means criminal case

Question 37

What police can do, 4 levels of permissible police intrusion is under...

Answer 37

Police v. Debour

Question 38

Level 1 of People V. Debour | 3 things

Answer 38

1) Police are entitled to approach and request from an individual provided they have an objective credible reason for the approach, not necessarily indicative of criminality. 2) Can ask non-threatening questions: Name, address, destination 3) Cannot cause people to reasonably believe they're suspected of a crime

Question 39

Level 2 of People v. Debour | 5 things

Answer 39

1) Entitled to approach a citizen and make inquiry of a more intrusive nature (the common law right to inquire) when the officer has a "founded suspicion that criminal activity is afoot," and that the citizen may be involved. However, the police action must be short of a forcible seizure. 2) Can ask pointed that would reasonably lead one to believe that he/she is suspected of a crime 3) Questions can be more extended and accusatory. Focus on possible criminality 4) Force MAY NOT be used 5) Person can use their 5th amendment right

Question 40

Level 3 of People v. Debour

Answer 40

1) The police may forcibly pursue and or stop and detain an individual 2) - that is, significantly prevent that person's freedom of movement if they have information, though falling below the probable cause necessary to arrest 3) provided them with a "reasonable suspicion that a crime has been, is being, or is about to take be committed," by that individual. 4) The police officer may also frisk if they reasonably suspect that their safety is in danger because the individual is armed.

Question 41

Level 4 of People v. Debour

Answer 41

Arrest, where this probable cause

Question 42

Probable cause to arrest

Answer 42

Is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant

Question 43

Frisking means to...

Answer 43

To pat down

Question 44

Frisking is NOT

Answer 44

A search

Question 45

The Police CANNOT chase you unless...

Answer 45

You fit the description of a suspect of a crime

Question 46

FLIGHT (running away) is subject to..

Answer 46

an innocent interpretation

Question 47

The government MAY NOT

Answer 47

Intrude on our liberty

Question 48

The police CAN'T ...

Answer 48

profile people as a basis for a stop

Question 49

4th amendment

Answer 49

Protect you against unreasonable searches

Question 50

5th amendment

Answer 50

Right to not say anything

Question 51

Objective Credible Reason | 2 things

Answer 51

1) Based on more than a hunch. 2) Reason to gather more information may relate to public safety/service function or law enforcement function, but NOT to be based on any indication of criminality

Question 52

Reasonable Suspicion

Answer 52

1) Exists when the information known to the member of the service would make an ordinarily cautious police office under the circumstances believe criminal activity is at hand. 2) The officer must have an objective basis for suspecting the person stopped of criminal conduct 3) Officer must be able to articulate specific facts establishing justification for the stop 4) HUNCHES ARE NOT SUFFICIENT

Question 53

Founded Suspicion

Answer 53

Arises when there is some present indication of criminality based on observable conduct or reliable hearsay information

Question 54

Subject matter jurisdiction

Answer 54

The courts authority to hear a particular case