Wisconsin 720 Academy Phase 1 Exam with Complete Solutions

Wisconsin 720 Academy Phase 1 Exam with Complete Solutions What must Federal Court act within? Within the scope of their power What must there be for the federal court to decide? An actual legal dispute What must plaintiffs show in federal court? That they were legally harmed by the defendant What must a federal court have to remedy a matter? Constitutional Power What must a case present for the federal court to resolve? Ongoing problem Federal Court System Trial Courts Appellate Courts US Supreme Court What jurisdiction do Federal Trial Courts have? To hear all categories of federal cases (both criminal and civil) What types of cases do Federal Trial Courts not hear? Divorce, probate, and child custody What are the most common cases heard by Federal Trial Courts? Constitutional rights, dispute over patents, and violations of securities laws What do Federal Appellate Courts hear? Appeals from within the district courts located in its circuit as well as appeals from decisions of federal administrative agencies What must be shown to the Federal Appellate Court in order for the decision to be changed? The trial court must show that a legal error that affected the outcome of the case How is the Federal Appellate Court decision made? The decision is made off the record of the case: - No new witnesses or evidence. - Factual findings of the trial court - Overturn on factual grounds only How many judges sit on the Federal Appellate Court? 3 judges What does the Appellant do in a Federal Appellate Court case? Legal arguments in brief that tries to persuade the judges that the trial court made an error What does the Defendant do in a Federal Appellate Court case? Legal argument in brief to show why the trial court was correct and why any error that was made is not significant What is the highest court in the US? US Supreme Court Who can be seen in the US Supreme Court? An individual who loses in federal court of appeals or the WI Supreme Court How do you begin the US Supreme Court process? With a Writ of Certiorari Writ of Certiorari A legal document which a losing party files with the court asking the justices to review the decision of a lower court What must a Writ of Certiorari contain? A list of parties, statement of facts of the case, the legal questions presented for review, and argument as to why the supreme court should grant it Summons Court ordered document that orders the defendant to appear before the court on a certain date and time What type of offense is a Summons issued for? Misdemeanor offense with a maximum imprisonment of 6 months Warrant Court order document that commands the defendant to be arrested and brought before the court Most cases in WI Circuit Court go ___________ and are disposed of quickly Uncontested Highest WI Court WI Supreme Court How many justices sit on the WI Supreme Court? 7 Justices for 10 year terms What court is the final authority on matters regarding WI Constitution and State Law? WI Supreme Court What times of cases can WI Supreme Court Justices hear? Cases that will develop or clarify the law What does the WI Supreme Court administrative/regulatory function serve? Ensure states court system operates fairly and efficiently including budgeting, long range planning, and standards setting What level court is the WI Court of Appeals? Intermediate appellate court How many judges sit on a WI Court of Appeals panel? 3 judges When will the WI Court of Appeals order a new trial? When they determine if someone's rights were prejudice by improper evidence or an incorrect decision by the lower courts Where are the Court of Appeals districts? Madison, Milwaukee, Waukesha, and Wausau What jurisdiction do Wi Circuit Courts have? Over both criminal and civil cases, including probate, juvenile, traffic matters, etc. What function does the WI Circuit Court system serve? Trial courts What is the process of the WI Circuit court? 1. Filing of Citation 2. Judge reviews the complaint to determine if there is probable cause 3. If Judge determines probable cause exists, summons or warrant will be issued Criminal Complaint a legal paper that charges a person with the violation of criminal law What is included in a Criminal Complaint A written statement listening essential facts of the offense and a statement outlining why authorities believe that the defendant committed the alleged violation What jurisdiction do WI Municipal Courts have? Exclusive jurisdiction over ordinance violations, including non criminal traffic violations