Upgrade to remove ads
CRIMINAL PROCEDURE EXAM #1
Terms in this set (53)
. If you are litigating a case in a Michigan District Court and wish to appeal the outcome, you should appeal to the Michigan Court of Appeals. True or False
. If you are litigating a case in U.S. District Court for the Southern District of Ohio and you wish to appeal the outcome, you should appeal to which U.S. Court of Appeals?
6th Circuit court of Appeals
If you are litigating a case in U.S. District Court for the Central District of Illinois and you wish to appeal the outcome, you should appeal to which U.S. Court of Appeals?
7th Circuit Court of Appeals
If you are litigating a case in the Ingham County, Michigan Circuit Court and wish to appeal the outcome, you may appeal to either the Michigan Court of Appeals or the U.S. Court of Appeals for the 6th Circuit. True or False
False. There is no appeal from a state trial court to a federal intermediate appellate court. The appeal is to the state appellate court.
Pam filed a petition for divorce against her husband Dave in Wayne County Circuit. (Wayne County is part of the Detroit Metro area.) There are $5 million in marital assets in dispute. Is Dave permitted to remove this case to the U.S. District Court for the Eastern District of Michigan?
No. Divorce cases must be heard in state court. Divorce, like state crime, is an exclusive state question.
Dan was charged with a state crime (felony) in state court in Kent County, the county in which Grand Rapids is located. Is Dan permitted to remove this case to the U.S. District Court for the Western District of Michigan?
No. State crimes must be tried in state court. Generally, a defendant is permitted to remove a case from state to federal court IF the case could have originally been brought in federal court. This case could not have been brought in federal court because a state criminal case is an exclusive state question
Bob is being charged with committing a state crime in Indiana. The trial of this crime will take place in either Indiana state court or a U.S. District Court in Indiana. True or False
False. State criminal cases must be tried in state court. In this case, it must be tried in an Indiana state court.
Donna is being charged with committing a federal crime in Cleveland, OH. The trial of this crime will take place in either Ohio state court or the U.S. District Court for the Northern District Court of Ohio. True or False
False. Federal criminal cases must be tried in a federal district court--never a state court. In this case, it must be tried in the Northern District of Ohio.
Darby is being charged with committing a federal crime in Cincinnati, OH. The trial of this crime will take place in either U.S. District Court for the Southern District of Ohio or the U.S. Court of Appeals for the Sixth Circuit. True or False
False. Federal criminal cases must be tried in federal court in the district where the crime was committed. A federal crime cannot be tried in state court.
Dan is being tried for a (Michigan) state crime in Kent County Circuit Court. During the pretrial phase of the case his lawyer raised a Sixth Amendment Right to Counsel claim, arguing that while being interrogated at the police station he was denied a lawyer even though he had requested one. As a result of this, the trial court proceedings must be stopped and the case transferred to the U.S. District Court for the Western District of Michigan for trial. True or False
False. State crimes must be tried in state court--never in federal court. Raising a federal constitutional issue does not change this, although raising a federal constitutional issue in state court does create the possibility of eventual review by the U.S. Supreme Court on appeal.
According to the traditional view of qualifications for judicial office, experience is an extremely important qualification. True or False
Judicial independence is promoted by requiring that judges be elected by the voters. True or False
What methods of selection are used for state court judges?
Selection by the legislature, Selection by the governor, Partisan election, Non-partisan election, Merit selection
Appointment by the governor is the most common method of selecting state court judges. True or False
What are the steps in the Missouri Plan?
Selection committee reviews candidates, gives list of qualified candidates to the governor, governor appoints someone from the list, at the end of their term of office the voters decide whether they should stay in office.
What method of selection is used in Michigan to select state court judges?
What method of selection is used to select judges who serve in the two federal district courts in Michigan?
Nomination by the president, confirmation by the Senate. This is the method of selecting all Article III federal court judges.
If a state court judge in Michigan dies or leaves office before their term has ended, what method of selection is used to fill that position?
Interim appointment by the governor
What method of judicial selection most promotes accountability?
Election, both partisan and non-partisan
Social scientists who study judicial decisions typically focus on how judges apply legal rules to the facts of a dispute to reach a decision in the case. True or False
Although the Constitution does not refer to legal appeals, the U.S. Supreme Court has interpreted it to include a right to appeal. True or false
False. There is no constitutional right to appeal a federal or state conviction, but other rules of law (e.g. statutes and court rules) do establish a legal right to appeal.
When a jury determines the outcome of a legal dispute at the trial court level, that jury will determine the facts of the case as well as the relevant rules of law. True or false
False. The jury does not decide legal issues. Those are for the judge to determine.
When a case is heard by the highest court in a system, it may permit either party to call witnesses during the process so long as the testimony of such witness is expected to be very important to the outcome of the case. True or false
False. Witnesses are never heard in an appellate court. If additional fact finding is needed, the case will be remanded to the trial court.
A typical appeal involves reviewing issues of law and not issues of fact. True or false
False. A typical appeal is limited to legal issues.
The appeal de novo procedure is used in Michigan in the case of appeals from the state district court to a state circuit court. True or false
If in reviewing a case on appeal the appellate court finds any error, however small, that court will overturn the decision from the trial court level and send the case back for a new trial. True or false
False. Only if the error is serious (i.e. harmful) will the appellate court grant a remedy. If the error is harmless, the appellate court will do nothing. Plus, when there is a harmful error, the remedy is not always a new trial.
Explain the concepts of "mandatory" and "discretionary" jurisdiction. Identify one court that has each type of jurisdiction
Mandatory means that the court must hear the case and decide it. Discretionary means that the court may choose to hear and decide the case if it wishes
In what type of court would we see an en banc hearing?
Only in an intermediate appellate court.
The rule of "exhaustion of remedies" applies in:
a) federal Article 1 courts,
b) federal Article 3 courts,
c) all federal and state courts,
d) none of the above.
This principle applies in all courts, both federal and state.
Most legal issues can be raised for the first time on appeal, so long as the issue has legal significance. True or false
False. Most legal issues CANNOT be raised for the first time on appeal.
In an appellate court with mandatory review, the court must hear and decide the appeal, but it does not need to spend much time with the case. So, in order to save time, the court may streamline the process. In a summary affirmance, the court affirms the trial court's decision with just one word: "affirmed." It does not write an opinion to explain its decision.
the authority of a court to hear and decide a case.
Subject matter jurisdiction
a court's authority over a type of case. Example: federal tax court. Probate court. Can be very narrow or very broad.
a court's authority over the parties in the case.
True or False: Unless a court has both subject matter jurisdiction and personal jurisdiction in a case, its actions in that case have NO legal validity.
where a legal action begins and where the trial takes place (if there is a trial). Sometimes referred to as a court of first instance
reviewing court. It reviews what occurred at the trial court. Higher level appellate courts also review decisions by lower level appellate courts. Sometimes referred to as second instance
Court Organization - Federal pyramid diagram
US District courts (94 courts and about 600 judges),
US Court of appeals (13 courts and about 160 judges)
US Supreme court (1 court and nine judges)
True or False: Courts on the same level are independent, e.g. each Federal District Court is independent from all other Federal District Courts. Each US Court of Appeals is independent from all other U.S. court of Appeals. Each Michigan Circuit Court is independent from all other circuit courts
True or False: Judicial authority flows down. Generally, each court in a system has authority over all courts below it. However, structure of the court system may alter this.
Stare Decisis problem
generally understood as "precedent." Within our legal tradition, when a court decides a case, the rule articulated in that case should be followed in subsequent, similar cases, unless there are compelling reasons to deviate from it. This is a very, very old principle of Anglo-American law
1) District court - trial court of limited jurisdiction
2) Circuit court - trial court of general jursidiction
3) Court of appeals - appellate court
4) Supreme court - hears mostly appeals
Exclusive federal questions
can be heard in federal court and ONLY federal court. Example= federal crimes, federal tax, copyright cases, claims against the US. These types of cases can NEVER be heard in state court.
Concurrent federal questions
federal questions that can be heard in both federal court and the appropriate state court. Example = 42 USC Section 1983 suits against state and local government officials, federal consumer protection cases. If a plaintiff wishes to file a case that is a concurrent federal question, the plaintiff gets to choose the court system in which to file the case.
Article 3 VS Article 1 courts
Article 3 = nomination by the President and confirmation by the Senate, life tenure
Article 1 = civil service appointment, limited term
Law in Books VS Law in Action
Law in books = legal doctrine (principles, rules) = primarily the law school approach to law
Law in action = behavior = primarily the social science approach to law
Criminal Law VS Civil Law
Criminal Law (the criminal code and rules relating to its enforcement) vs Civil Law (everything else, that is, all law other than criminal law). Civil law includes contract law, personal injury law (i.e. tort law), property law, corporation law, copyright law, civil rights, etc. Many areas of law are on the border between civil and criminal. That is, they have both criminal aspects and civil aspects. E.g. federal securities law, federal civil rights law.
creates rights and duties and is at the heart of a criminal case and a civil case
laws that deal with the steps, method, or process for resolving a legal dispute
Hierarchy of Law as Rules
- Constitution (federal and state) = the highest law in a legal system
- Statute (federal and state) = law enacted by a legislative body, e.g. the Michigan legislature and the U.S. Congress
- Regulation (federal and state) = law enacted by a regulatory agency, a.k.a. administrative agency
- ordinance = law created by a local government, e.g. City East Lansing, M.S.U., etc.
- Judge-made law (a.k.a. common law) = in our legal tradition, judges have the authority to fashion rules of law
state judge-made law
True or False: The US Constitution and all VALID federal law prevails over ALL conflicting state law. E.G. a valid federal statute prevails over a state constitution.