Exam (elaborations)
CITP Exam 3 Test Questions and Answers 2024
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Exam of 9 pages for the course CITP at CITP (CITP Exam 3 Test)
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CITP Exam 3 TestOriginal Jurisdiction - answerTrial court where the defendant was found guilty or not
guilty by the judge or jury.
Witnesses testify under oath and evidence is presented.
Appellate Jurisdiction - answerCourt that conducts a review of what happened at the
trial court.
Court only reviews the record for legal errors committed at the trial level.
Court does not entertain new evidence or testimony.
Classifications of criminal offenses - answerFelony - Max sentence is more than one
year imprisonment or death (366 days or more)
Class A Misdemeanor - More than 6 months up to 1 year imprisonment
Class B Misdemeanor - More than 30 days up to 6 months imprisonment
Class C Misdemeanor-More than 5 days up to 30 days imprisonment
Infraction - 5 days of imprisonment or less
Petty Offense - answerOffenses where the max imprisonment is 6 months or less
(Class B, C, and infractions)
Federal Courts from Highest to Lowest - answerU.S. Supreme Court
US Circuit Court of Appeals
US District Court
US Magistrate Courts
Supreme Court - answerOnly court created by the U.S. Constitution
Has both appellate and original jurisdiction
Has 9 judges who decide by majority vote
Hears cases on appeal by discretion only
Circuit Courts - answer13 Circuit Courts around the United States
Have appellate jurisdiction only
Decision is only binding on the courts within its circuit
District Courts - answerOnly court that can hear the trial on felony cases
94 District Courts around the U.S.
Can hear Class A misdemeanor offenses, but only if the defendant does not consent to
it being heard by the magistrate court
Magistrate Courts - answerHears Class A misdemeanors, if the defendant consents
Hears petty offenses
, Can hear pre-trial hearings such as the initial appearance, detention hearings, etc.
Legal Documents Used to Start a Case - answerCriminal Complaint
Indictment
Information
Initial Appearance - answerDefendant's first court appearance after arrest
Defendant is told the criminal charges
Defendant is read their constitutional rights
Pre-trial release (bond) is determined
Without unnecessary delay
Max 48 hours from arrest
Remedy for violation of rule is release from custody
Congress gives 6-hour safe zone to delay for purpose of getting statements from
defendant, but after 6 hours statements may not be admissible
Detention Hearing - answerHearing where the defendant is permitted to present
evidence about whether they should get a bond
Hearing occurs either at the initial appearance or up to 10 days after the initial
appearance
**Release is preferred on his own personal recognizance
RULE 1 - answerIf arresting the defendant in the District where the crime occurred,
Their initial appearance should be in the district of arrest
Example
o Crime occurs in North Georgia, Defendant arrested in North Georgia, his initial
appearance is in North Georgia
RULES 2 & 3 - answerIf arresting the defendant in the District other than where the
crime occurred,
Their initial appearance should be in the district of arrest or an adjacent district if you
can get him there more
promptly
Example: o Crime occurs in North Georgia, arrest occurs in North Florida, their initial
appearance should be in North Florida or South Georgia if you can get them there more
promptly
RULE 4 - answerIf arresting the defendant in the District adjacent to where the crime
occurred,
Take him home to the district where the crime occurred, if you can get him there on the
day of the arrest
Otherwise, their initial appearance should be in the district of arrest
Example
o Crime occurs in North Georgia, he is arrested in Middle Georgia, take him to North
Georgia if you can get him there on the day of arrest
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