TLETA WEEK 1 QUESTIONS AND ANSWERS
What is our state court system derived from? - Answers-English common law
Tennessee's state court system is an offspring of ______ interpretation. - Answers-North
Carolina
"The judges of the supreme, appellate, chancery, circuit, general sessions, and juvenile
courts throughout the state, judicial commissioners and county executives in those
officer's respective counties" = ? - Answers-magistrate
What officials are magistrates? - Answers-judges, judicial commissioners
No person can be committed to prison on any criminal matter without first being
examined by a _________. - Answers-magistrate
"A warrant of commitment to prison in writing" = ? - Answers-mittimus
"Written statement signed and sworn to before an official, saying the
who/what/when/where of the offense" = ? - Answers-affidavit
"Written order commanding that a person be arrested" = ? - Answers-warrant
What is a preliminary hearing screening for? - Answers-probable cause
Is a preliminary hearing a constitutional right or a statutory right? - Answers-not
constitutional, generally statutory
All felonies and misdemeanors are _______ offenses. - Answers-indictable
"Knowing the difference between right and wrong" = ? - Answers-Ethics
What is common law? - Answers-a collection of philosophies
If the Grand Jury determines you have probable cause, they issue a _________. -
Answers-true bill
"Any crime in which the potential punishment is 1 year or more in the state penitentiary"
= ? - Answers-felony
"A monetary amount that provides assurance that the offender will come back for court"
= ? - Answers-bail
Is bail always allowed? - Answers-while all offenses are technically bail-able offenses,
sometimes bond isn't allowed when the offender is too dangerous
,What kind of right is a preliminary hearing? - Answers-a statutory right, not a
constitutional right
"Any crime in which the potential punishment is less than 1 year" = ? - Answers-
misdemeanor
What rights do convicted felons lose? - Answers-the right to vote, bear arms, run for
office, etc.
How many levels of felony are there in TN? - Answers-5
Class A felony? - Answers-15-60 years, $50,000 fine
"An accusation in writing presented by the grand jury of the county, charging a person"
= ? - Answers-indictment
What makes up a grand jury? - Answers-12 jurors and 1 foreperson appointed by judge
(13 people total)
"An indictment approved by grand jury" = ? - Answers-true bill
"Written document from grand jury authorizing arrest" = ? - Answers-capias
"Stage of the proceeding where the defendant first appears before court with jurisdiction
to try case, when the charge is read, plea is given, and bond is set" = ? - Answers-
arraignment
Class B felony? - Answers-8-30 years, up to $25,000 fine
Class C felony? - Answers-3-15 years, up to $10,000 fine
Class D felony? - Answers-2-12 years, up to $5000 fine
Class E felony? - Answers-1-6 years, up to $3000 fine
How many classes of misdemeanor are in TN? - Answers-3
Class A misdemeanor? - Answers-11 months 29 days, fine up to $2500
Class B misdemeanor? - Answers-up to 6 months or a fine up to $500 or both
Class C misdemeanor? - Answers-up to 30 days or $50 fine or both
Which amendment do we primarily deal with? - Answers-4th amendment
, Amendment dealing with freedom of speech/religion/press? - Answers-1st amendment
Amendment dealing with the right to bear arms? - Answers-2nd amendment
Amendment protecting against governmental search of property without probable
cause/warrant? - Answers-4th amendment
Amendment that protects the right to life, liberty, and property, saying it can't be taken
away without due process of law (aka day in court)? - Answers-5th amendment
Amendment that guarantees your right to a speedy trial by randomly chosen peers, right
to a lawyer, etc.? - Answers-6th amendment
Amendment that prohibits excessive fines and cruel/unusual punishment? - Answers-
8th amendment
Amendment that allows states to make their own laws? - Answers-14th amendment
Are eyewitness testimonies reliable? - Answers-NO, very unreliable
"Live presentations of several people to a witness so as to ID a possible suspect" = ? -
Answers-line-up
"A live presentation of 1 person to a witness so as to ID a possible suspect within a
reasonable amount of time" = ? - Answers-show-ups
"Using a series of photos in place of a live line-up" = ? - Answers-Photographic ID
Name the steps in the state court system. - Answers-1. arrest (magistrate examination),
2. general sessions, 3. grand jury, 4. trail, 5. appeal
Name the two types of state supreme appeals. - Answers-criminal and civil
Where are minor citations normally handled? - Answers-in general sessions court
Where are federal felony misdemeanors normally handled? - Answers-screened by
General Sessions court, then either dropped or passed up the ladder
Do 1st offenders normally go to trial? - Answers-No, normally only if they're a repeat
offender or it was a violent crime. Otherwise it's normally a plea deal.
Shortly after the mittimus is created, what will be produced documenting your claim? -
Answers-a warrant
If you're forcing a suspect to participate in a line-up, who needs to be there to make it
legit? - Answers-their legal counsel (if requested)