State Court System Flashcards

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1
Q

4 tier system

A
  • 2 trial

- 2 appellate

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2
Q

Maryland’s 4 tier system

A

MD Court of Appeals
MD Court of Special Appeals
8 MD Circuit Courts (also juvenile & orphan)
12 MD District Courts

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3
Q

MD District Court jurisdiction

A
  • limited jurisdiction

- ONLY original jurisdiction

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4
Q

MD District Courts handles…

A
  • minor cases
  • civil cases ALL less than $5,000
  • concurrent $5,000-$30,000 jurisdiction with circuit court
  • ALWAYS bench trials
  • Need $15,000 to move to circuit court to get a jury
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5
Q

MD District Courts examples of cases…

A

-landlord/tenant
-motor vehicle violations
-criminal cases (with a maximum penalty is less than 3 years and less than $2,500)
~anything higher goes to circuit or district

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6
Q

Who appoints court commissioners

A

Chief Judge

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7
Q

MD Circuit Court Jurisdiction

A
  • state trial court of general jurisdiction
  • major trial court
  • Appellate & Original jurisdiction
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8
Q

Appellate Jurisdiction

for MD Circuit Court

A

TRIAL DE NOVO (new trial)

If there is an appeal in the MD district court the case goes to circuit court and gets a new trial

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9
Q

Original Jurisdiction

for MD Circuit Court

A

when there is

  • 3 years imprisonment or greater
  • $2,500 fine or greater
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10
Q

MD Circuit Court handles…

A
  • civil cases (largest category of cases)
  • from $5,000 up to $30,000 concurrent jurisdiction with District Court
  • ALL above $30,000
  • Equity cases
  • Need $15,000 to get a jury
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11
Q

Juvenile Courts

A
  • differs in every state
  • 17 is max age to be a juvenile is MD
  • not public
  • If there is an appeal = goes to Circuit Court Judge
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12
Q

Name of Juvenile Judges

A

Juvenile Masters

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13
Q

Maryland Court of Special Appeals

A
  • gets all of cases by appeals and determines is a mistake has been made
  • created to ease work of appellate court
  • 15 judges
  • Uses 3 Judge panel (can have 5 running at the same time)
  • rarely En Banc
  • Have a Chief Judge to oversee
  • Resides in Annapolis
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14
Q

Maryland Court of Appeals

A
  • Maryland highest court
  • Only Appellate Jurisdiction (make sure no mistake)
  • made under constitution
  • 7 judges (all 7 take part, majority vote)
  • Chief Judge oversees
  • Resides in Annapolis
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15
Q

Two Ways Maryland Court of Appeals can get cases:

1. ORDER UP

A

Any case that is currently before Maryland Court of Special Appeals——— The judges on the MD court of Appeals can order that it be sent up to them directly if it raises a significant legal questions (this is rare)

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16
Q

Two Ways Maryland Court of Appeals can get cases:

2. PETITIONS

A
Believe there was a mistake in law 
-cases have been dealt with in MD courts
-4 judges on court of appeals must agree to accept a petition in order for them to hear a case
(same rule of 4 a supreme court)
-get around 700 a year (accept 15%)
17
Q

Orphans Court

A
  • Now an agency
  • Decides the process of what happens with person good with or without a will after they die
  • if someone test a will, goes to circut court