CCJA CUMULATIVE UPDATED COMPREHENSIVE
EXAM QUESTIONS AND ANSWERS SURE A+
✔✔US Supreme Court - ✔✔- makes the final determination as to whether laws are
constitutional
- is the court of "last resort" from which there is NO APPEAL
- the President nominates candidates for both "justice" and "chief justice"
- the Senate must confirm any nominee by a majority vote ^
- 9 MEMBERS: uneven to prevent ties
✔✔What are the summary courts in SC? - ✔✔Magistrate and Municipal
✔✔When do Magistrate and Municipal courts have jurisdiction? - ✔✔Jurisdiction is
usually limited to cases with a penalty that does NOT EXCEED A $500 FINE and 30
DAYS IMPRISONMENT.
✔✔What are some things authorities that the summary courts have? - ✔✔- issue search
and arrest warrants
- sets bail for all crimes except crimes with potential life sentences of life imprisonment
or death
- conducts preliminary hearings (probable cause hearing)
,✔✔What are the SC circuit courts? - ✔✔Court of Common Pleas (Civil) and Court of
General Sessions (Criminal)
✔✔Court of General Sessions - ✔✔- hears cases that carry a penalty GREATER than
what can be heard at the summary court level
- can hear all crimes
- sets bonds for charges where the potential sentence is life imprisonment or death
- hears appeals from the summary court
✔✔Family Court - ✔✔- has jurisdiction over matters dealing with domestic matters and
children
- has criminal jurisdiction over criminal and delinquency cases against juveniles
✔✔Probate Court - ✔✔- only has civil jurisdiction
- handles matters dealing with wills, estates, guardian ad litem, and mental competency
✔✔Master-in-Equity - ✔✔- only has civil jurisdiction and by REFERRAL ONLY
- handles matters dealing with foreclosures and partition of real and personal property
✔✔How can you appeal to the SC Supreme Court? - ✔✔- Writ of Certiorari
- Direct Appeal (7 qualifying events)
- public utility rates
- significant constitutional issues
- public bond issues
- election laws
- order limiting investigation by a state grand jury
- family court order relating to an abortion of a minor
✔✔List the courts in order of how an appeal would take place in SC. - ✔✔Summary
Court would appeal to
Circuit Court, who would appeal to
SC Court of Appeals, who would appeal to
SC Supreme Court, who would appeal to
US Supreme Court (Highest Court in the Land)
✔✔Common Law - ✔✔- uses customs and especially court decisions to determine the
law
- SC adopted the common law in 1712
- common law offenses continue to be recognized UNLESS they have been
DISCONTINUED BY STATUTE and even then, ONLY if the legislative intent to do so is
CLEAR
,✔✔The Defendant has the right to.... - ✔✔- a speedy trial
- a jury trial
- in the county WHERE the crime was committed
- be confronted by witnesses against him (cross examine)
- counsel for his defense
- a privilege against self-incrimination
- compulsory process for obtaining witnesses on his behalf (subpoena)
✔✔Burden of Proof - ✔✔The level of proof a party must present in order to be
successful at any given stage in the legal process
✔✔The burden of proof in a criminal trial is... - ✔✔BEYONG A REASONABLE DOUBT
(The state bears the burden of proof and must proof the defendant's guilt beyond a
reasonable doubt)
✔✔What is Reasonable Doubt? - ✔✔"The doubt that prevents one from being firmly
convinced of a defendant's guilt, or the belief that there is a real possibility that the
defendant is not guilty."
The doubt which would cause a reasonable person to hesitate to act.
✔✔Which Amendment forbids Double Jeopardy? - ✔✔5th Amendment
✔✔CRITICAL elements of proof - ✔✔- jurisdiction
- ID of the defendant
- physical action
- mental intent
✔✔Bond Hearings - ✔✔- by the magistrate or municipal courts UNLESS the charge
carries life or the death penalty
- MUST be held within 24 hours of arrest if charged with a BAILABLE OFFENSE
- the defendant is advised of his right to a preliminary hearing
- the judge decides whether the person is a flight risk OR danger to the community
✔✔For the bond hearing, SC Code 17-15-30 requires the arresting agency to provide to
the court: - ✔✔- Defendant's criminal history
- any pending charges against the Defendant
- all incident reports related to the charged offense
any other information that will assist the court in determining the conditions of release
✔✔What happens if any incident report is not available at the time of the bond hearing?
- ✔✔The arresting officer must appear at the bond hearing.
✔✔Preliminary Hearing = - ✔✔Probable cause hearing
, ✔✔How long does the Defendant have to request a preliminary hearing? - ✔✔Has to be
requested within 10 days of the bond hearing
✔✔Who presents evidence at the preliminary hearing? - ✔✔the solicitor or the police
officer
- the defendant does not offer any evidence at this hearing but may cross examine
✔✔Probable Cause and Dismissal findings at Preliminary Hearing - ✔✔If probable
cause is found, then the case is held for grand jury action. Dismissal at this stage DOES
NOT prevent the solicitor from taking the case directly to the grand jury. The state is not
required to present ALL of their evidence at this stage.
✔✔Grand Jury - ✔✔- consists of 18 jurors
- 12 must agree before there will be a "true bill"
- they decide whether there is sufficient evidence to send the Defendant to trial
- if they return a true bill then the indictment is prepared
✔✔indictment - ✔✔formal charging document
✔✔Arraignment - ✔✔The defendant is advised of the charge and his rights. Defendant
may enter a plea.
- guilty
- nolo contendere
- not guilty
- no plea
✔✔What pleas can a Defendant make to a charge that require the State to prove their
guilt at trial? - ✔✔Not Guilty or No Plea
✔✔Nolle Prosequi (Nol Pros) - ✔✔Legal notice that a lawsuit or prosecution has been
abandoned. Dismissal without prejudice.
You can bring the charge back at a later date because jeopardy has not attached yet.
✔✔When can Pre-Trial and Plea Hearings take place? - ✔✔They can happen at any
point in the process after the arrest and bond hearing.
(Most cases end in plea negotiations)
✔✔PTI (Pretrial Intervention) can only be used for crimes that are ____________ and
________. - ✔✔MINOR and NONVIOLENT
EXAM QUESTIONS AND ANSWERS SURE A+
✔✔US Supreme Court - ✔✔- makes the final determination as to whether laws are
constitutional
- is the court of "last resort" from which there is NO APPEAL
- the President nominates candidates for both "justice" and "chief justice"
- the Senate must confirm any nominee by a majority vote ^
- 9 MEMBERS: uneven to prevent ties
✔✔What are the summary courts in SC? - ✔✔Magistrate and Municipal
✔✔When do Magistrate and Municipal courts have jurisdiction? - ✔✔Jurisdiction is
usually limited to cases with a penalty that does NOT EXCEED A $500 FINE and 30
DAYS IMPRISONMENT.
✔✔What are some things authorities that the summary courts have? - ✔✔- issue search
and arrest warrants
- sets bail for all crimes except crimes with potential life sentences of life imprisonment
or death
- conducts preliminary hearings (probable cause hearing)
,✔✔What are the SC circuit courts? - ✔✔Court of Common Pleas (Civil) and Court of
General Sessions (Criminal)
✔✔Court of General Sessions - ✔✔- hears cases that carry a penalty GREATER than
what can be heard at the summary court level
- can hear all crimes
- sets bonds for charges where the potential sentence is life imprisonment or death
- hears appeals from the summary court
✔✔Family Court - ✔✔- has jurisdiction over matters dealing with domestic matters and
children
- has criminal jurisdiction over criminal and delinquency cases against juveniles
✔✔Probate Court - ✔✔- only has civil jurisdiction
- handles matters dealing with wills, estates, guardian ad litem, and mental competency
✔✔Master-in-Equity - ✔✔- only has civil jurisdiction and by REFERRAL ONLY
- handles matters dealing with foreclosures and partition of real and personal property
✔✔How can you appeal to the SC Supreme Court? - ✔✔- Writ of Certiorari
- Direct Appeal (7 qualifying events)
- public utility rates
- significant constitutional issues
- public bond issues
- election laws
- order limiting investigation by a state grand jury
- family court order relating to an abortion of a minor
✔✔List the courts in order of how an appeal would take place in SC. - ✔✔Summary
Court would appeal to
Circuit Court, who would appeal to
SC Court of Appeals, who would appeal to
SC Supreme Court, who would appeal to
US Supreme Court (Highest Court in the Land)
✔✔Common Law - ✔✔- uses customs and especially court decisions to determine the
law
- SC adopted the common law in 1712
- common law offenses continue to be recognized UNLESS they have been
DISCONTINUED BY STATUTE and even then, ONLY if the legislative intent to do so is
CLEAR
,✔✔The Defendant has the right to.... - ✔✔- a speedy trial
- a jury trial
- in the county WHERE the crime was committed
- be confronted by witnesses against him (cross examine)
- counsel for his defense
- a privilege against self-incrimination
- compulsory process for obtaining witnesses on his behalf (subpoena)
✔✔Burden of Proof - ✔✔The level of proof a party must present in order to be
successful at any given stage in the legal process
✔✔The burden of proof in a criminal trial is... - ✔✔BEYONG A REASONABLE DOUBT
(The state bears the burden of proof and must proof the defendant's guilt beyond a
reasonable doubt)
✔✔What is Reasonable Doubt? - ✔✔"The doubt that prevents one from being firmly
convinced of a defendant's guilt, or the belief that there is a real possibility that the
defendant is not guilty."
The doubt which would cause a reasonable person to hesitate to act.
✔✔Which Amendment forbids Double Jeopardy? - ✔✔5th Amendment
✔✔CRITICAL elements of proof - ✔✔- jurisdiction
- ID of the defendant
- physical action
- mental intent
✔✔Bond Hearings - ✔✔- by the magistrate or municipal courts UNLESS the charge
carries life or the death penalty
- MUST be held within 24 hours of arrest if charged with a BAILABLE OFFENSE
- the defendant is advised of his right to a preliminary hearing
- the judge decides whether the person is a flight risk OR danger to the community
✔✔For the bond hearing, SC Code 17-15-30 requires the arresting agency to provide to
the court: - ✔✔- Defendant's criminal history
- any pending charges against the Defendant
- all incident reports related to the charged offense
any other information that will assist the court in determining the conditions of release
✔✔What happens if any incident report is not available at the time of the bond hearing?
- ✔✔The arresting officer must appear at the bond hearing.
✔✔Preliminary Hearing = - ✔✔Probable cause hearing
, ✔✔How long does the Defendant have to request a preliminary hearing? - ✔✔Has to be
requested within 10 days of the bond hearing
✔✔Who presents evidence at the preliminary hearing? - ✔✔the solicitor or the police
officer
- the defendant does not offer any evidence at this hearing but may cross examine
✔✔Probable Cause and Dismissal findings at Preliminary Hearing - ✔✔If probable
cause is found, then the case is held for grand jury action. Dismissal at this stage DOES
NOT prevent the solicitor from taking the case directly to the grand jury. The state is not
required to present ALL of their evidence at this stage.
✔✔Grand Jury - ✔✔- consists of 18 jurors
- 12 must agree before there will be a "true bill"
- they decide whether there is sufficient evidence to send the Defendant to trial
- if they return a true bill then the indictment is prepared
✔✔indictment - ✔✔formal charging document
✔✔Arraignment - ✔✔The defendant is advised of the charge and his rights. Defendant
may enter a plea.
- guilty
- nolo contendere
- not guilty
- no plea
✔✔What pleas can a Defendant make to a charge that require the State to prove their
guilt at trial? - ✔✔Not Guilty or No Plea
✔✔Nolle Prosequi (Nol Pros) - ✔✔Legal notice that a lawsuit or prosecution has been
abandoned. Dismissal without prejudice.
You can bring the charge back at a later date because jeopardy has not attached yet.
✔✔When can Pre-Trial and Plea Hearings take place? - ✔✔They can happen at any
point in the process after the arrest and bond hearing.
(Most cases end in plea negotiations)
✔✔PTI (Pretrial Intervention) can only be used for crimes that are ____________ and
________. - ✔✔MINOR and NONVIOLENT
