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CJS1002 Lecture Notes - Grand Jury, General Jurisdiction, Admiralty Law

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munoznajera21
7 Mar 2023
School
JWU
Department
Criminal Justice
Course
CJS1002
Professor

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Document Summary

If you get called for jury duty and aren"t selected in the 2 days then your good response to the local economic, political, and social concerns of each colony. Judges have to interpret the laws the way that they are written: the criminal justice system is constantly evolving, u. s. supreme court has the original jurisdiction; they"re the first ones to hear of the case. State trial courts of limited & general jurisdiction. State supreme courts: criminal courts are trying to punish and put someone away.

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Related Questions

Business Law 101 need help

1.What does the plaintiff need to file in order to bringa legal action and what are some of the defendant's properresponses?

2.What is jurisdiction? Describe how jurisdictionover a person or property differs from subject matterjuris­diction?

3.If a corporation is incorporated inDelaware, has its main office in New York, and does busi­ness inCalifornia, but its president lives in Connecticut, in whichstate(s) can it be sued?

4. What is the differencebetween a court of general jurisdiction and a court of limitedjuris­dic­tion?

5. What is the role of a court with appellatejurisdiction?

6. When may a federal court hear acase?

7.How does a case get to be heard by the UnitedStates Supreme Court?

8.When may a court exercise jurisdiction over aparty whose only connection to the jurisdic­tion is via theInternet?

9.Describe at least three different forms ofdiscovery? What is the purpose and advantagefor discovery?

10.What takes place at a pretrialconference?

11.Briefly, what are the steps in the course of atrial?

12.Who can appeal from a trial court’sdecision?

13.What are the steps in appealing adecision?

14.What are some things that a person shouldconsider when deciding whether to settle a dispute or take thedispute to court?

15. How does the Court decide whether or not toadmit evidence into trial?

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiff’s allegations are true is a

A.

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiff’s evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

Jurisdiction B's tax system consists of a 6.5 percent generalsales tax on retail goods and selected services. Over the pastdecade, the average annual volume of sales subject to this tax was$500 million. The jurisdiction needs to increase its tax revenuesby approximately $5 million each year to finance its spendingprograms. The taxing authorities are considering twoalternatives: a 1 percent increase in the sales tax rate or a new 2percent tax on the net income of corporations doing business in thejurisdiction. Based on recent economic data, the annual net incomesubject to the new tax would be $275 million. However, thejurisdiction would have to create a new agency responsible forenforcing and collecting the income tax. The estimated annual costof the agency is $500,000. Jurisdiction B borders four other taxingjurisdictions, all of which have a general sales tax and two ofwhich have a corporate income tax.

1. Based on a static forecast, how much incremental revenuewould Jurisdiction B raise under each alternative?

2. Assume that the taxing authorities in Jurisdiction B want adynamic forecast of the incremental revenues under eachalternative. What additional facts would be important in makingsuch a forecast and why?