PA state pyramid Flashcards
What kind of jurisdiction does the magistrate district court have?
limited general jurisdiction, M3 or lower, no appellate jurisdiction
What kind of jurisdiction does the court of common pleas have?
general jurisdiction, limited appellate jurisdiction, everything other than summary or M3
What kind of jurisdiction does the superior court have?
intermediate appellate jurisdiction, mandatory appeal
What kind of jurisdiction does the commonwealth court have?
mandatory appellate jurisdiction, only government agencies
What kind of jurisdiction does the supreme court have?
discretionary court of appellate jurisdiction
How are magistrates given the position? How long is their term? How do they remain seated?
Every magistrate is elected, 6 year term, have to run for reelection
How are judges in the Court of common pleas given the position? How long is their term? How do they remain seated? What is the minimum and maximum age?
elected, 10 year term, must run for retention, 21 - 75
How are Judges in the commonwealth court given the position? how long is their term? how do they remain seated? what is the minimum and maximum age?
elected, 10 year term, must run for retention, 21-75
How are Judges in superior court given the position? how long is their term? how do they remain seated? what is the minimum and maximum age?
elected, 10 year term, must run for retention, 21-75
How are judges in the supreme court given the position? how long is their term? how do they remain seated? what is the minimum and maximum age?
elected, 10 year term, must run for retention, 21-75
How many justices in the supreme court? how do they preside over cases?
7, en banc (all 7)
After which court does fact finding end?
court of common pleas
who is the appellant?
files the appeal, former defendant
who is the appellee
answers the appeal, former plaintiff
how many judges in the commonwealth court? how do they preside over cases?
9, sit in panels of 3
how many judges in superior court? how do they preside over cases?
15, sit in panels of 3
What is allocatur?
asking the court for allowance of appeal
what do you petition the supreme court for?
allocatur
What is the one exception for the supreme courts discretionary appellate jurisdiction?
1st degree murder with a death penalty
What is a preliminary hearing
within 14-21 days if your first appearance, “the legal colander” used to strain out bogus charges based on evidence
What is a preliminary arraignment
provide copy of criminal complaint to the defendant, inform of right to an attorney, set bond/bail if applicable
What does a judge want to know in order to set bond
prior history
ties to community
flight risk
income
military service
danger to community
