CODES MODULE, PART III
PENAL CODE, FEDERAL RULES,
CALIFORNIA CONSTITUTION, &
UNITED STATES CONSTITUTION
PENAL CODE
17 Felony; Misdemeanor; Infraction
A felony is a crime which is punishable
with death or by imprisonment in the
state prison.
Every other crime or public offense is a
misdemeanor, except those offenses
that are classified as infractions.
When a crime is punishable, in the
court’s discretion, by imprisonment in
the state or county jail or by fine, it is
a misdemeanor when
the court decides not to send the
defendant to state prison
the court sends the defendant to the
Youth Authority and designates the
offense a misdemeanor
the court grants probation to the
defendant and declares the offense a
misdemeanor
the prosecutor files the case as a
misdemeanor, unless the defendant
objects
the magistrate determines that the
offense is a misdemeanor
A violation is an infraction when
the prosecutor files the case as an
infraction, unless the defendant objects
the court determines that the offense is
an infraction
869 Authentication; Preparation
Each witness’ testimony in a homicide
case will be reduced to writing, as a
deposition.
The testimony shall state the name of
the witness, his address, and business.
If the witness is a peace officer, the
testimony shall state his name and
address given at the hearing.
All objections and rulings will be
included.
Any questions that the witness declines
to answer will also be included.
The deposition must be signed by the
witness, except when the deposition is
taken stenographically.
If the defendant is held to answer or if
the transcript is ordered, the reporter
must prepare the transcript within 10
days.
The reporter must make an original and one
copy and as many additional copies as there
are defendants and deliver them to the
county clerk.
The reporter shall file with the auditor of
the county an affidavit stating that the
transcript and copies have been delivered to
the county clerk within the allotted time.
Failure to deliver the transcripts in a timely
manner will cut the reporter’s pay in half.
If the reporter delivers the transcripts
in a timely manner, he will receive the
compensation fixed by law.
The county clerk will file the original
transcript with the papers in the case
and immediately must deliver a copy
to the district attorney.
The county clerk must deliver a copy
to each defendant at least five days
before trial.
938 Stenographic Reporter
Criminal causes being investigated by
the grand jury must be reported by a
shorthand reporter.
A transcript is prepared when an
indictment is returned.
Upon request of the grand jury, any
testimony taken during a session of the
previous grand jury may be transcribed.
938.1 Transcript of Testimony
The reporter must deliver to the county clerk
an original transcript and a copy and as many
additional copies as there are defendants
within 10 days of an indictment being
returned or an accusation presented against a
defendant.
An extension of 20 days is allowed for good
cause.
The county clerk will file the original
transcript with the papers in the case
and immediately must deliver a copy to
the district attorney.
The county clerk must deliver a copy to
each defendant at least ten days before
trial.
The case may be postponed if the
defendant has not received the
transcript 10 days before trial.
The transcript will not be open to the
public until 10 days after its delivery to
the defendant.
Unless the court orders otherwise, the
transcript shall be open to the public,
unless the court orders the transcript,
or any part, be sealed to ensure that
the defendant receives a fair trial.
939 Private Sessions
No person, except those specified in Article 3
or an officer having custody of a prisoner
witness, is permitted to be present during the
criminal sessions of the grand jury except the
members and the witness being examined.
Excused grand jurors are not allowed to be
present.
No one except grand jurors are allowed to be
present when voting on a matter takes place.
Questions on Penal Code
1. When a crime is punishable by imprisonment
in the state prison or in the county jail at
the discretion of the judge, if the court
imposes a county jail sentence, the crime is
A.
B.
C.
D.
a felony
a misdemeanor
an infraction
second degree felony
Answer: B
2. A preliminary hearing transcript must
be filed within
A.
B.
C.
D.
10
15
20
30
days
days
days
days
Answer: A
3. A felony is defined as a crime which is
punishable by
A.
B.
C.
D.
under a year in the county jail
imprisonment in the state prison
over a year in the county jail
a fine
Answer: B
4. Before being paid for the transcript
of a preliminary hearing, the reporter
must
A. file an affidavit that the transcript was
filed within 10 days
B. have the judge sign an authentication
C. have the transcript notarized
D. deliver a copy to defense counsel
Answer: A
5. If a reporter does not file the transcript of
a preliminary hearing within 10 days,
A. the judge must sign the automatic waiver
B. the transcript must be delivered directly to the
district attorney’s office
C. defense counsel shall pay one-half of the cost
D. his or her compensation shall be reduced by
half
Answer: D
6. If a reporter files a preliminary transcript
in a timely fashion, he or she will receive
A. compensation allowed by law to reporters in
the superior court
B. compensation at 50 percent above that allowed
by law to reporters in the superior court
C. compensation at $2.50 per page
D. compensation tied to the prevailing costs in the
general reporting field
Answer: A
7. Offenses which are classified as
infractions are
A.
B.
C.
D.
misdemeanors
felonies
either felonies or misdemeanors
neither felonies nor misdemeanors
Answer: D
8. The reporter shall transcribe a
preliminary hearing
A.
B.
C.
D.
always
only after a court order
within 72 hours
if the defendant is held to answer
Answer: D
9. The reporter delivers the original and
all copies of a preliminary felony
hearing to
A.
B.
C.
D.
the
the
the
the
district attorney
magistrate
county clerk
appellate court
Answer: C
10.During the expression of the opinions
of the grand jurors or their voting, no
person shall be present except
A.
B.
C.
D.
no exceptions
the district attorney
the defendant
the court reporter
Answer: A
11.Each defendant receives a copy of his
preliminary hearing transcript
A.
B.
C.
D.
at one-half of the normal cost
at least five days before trial
when he is not held to answer
within 30 days of the preliminary hearing
Answer: B
12.A transcript of a grand jury indictment
hearing shall not be open to the public
until
A.
B.
C.
D.
10
15
20
30
days
days
days
days
after
after
after
after
its
its
its
its
delivery
delivery
delivery
delivery
Answer: A
to
to
to
to
the
the
the
the
defendant
defendant
defendant
defendant
13.The reporter shall make an original
and how many copies of a preliminary
hearing transcript?
A.
B.
C.
D.
two for the court
one plus one for each defendant
three plus one for each defendant
one for the court and one for the DA
Answer: B
14.Grand jury proceedings are
transcribed
A.
B.
C.
D.
when an indictment is returned
when requested by the defendant
automatically
after the expiration of ten days
Answer: A
15.The reporter files an affidavit that
the transcript has been delivered
with the
A.
B.
C.
D.
superior court
municipal magistrate
county auditor
county clerk
Answer: C
True or False
1. The court may have the discretion in
some cases to commit a defendant to
the Youth Authority and designate an
offense to be a misdemeanor.
True
2. The transcript of a grand jury
indictment hearing may be sealed if
the court determines that making it
public would prejudice the
defendant’s right to a fair trial.
True
3. Upon receipt by the reporter, the
county clerk shall deliver the
transcript of a grand jury indictment
hearing to superior court.
False
4. If the magistrate determines an
offense to be a misdemeanor, the
reporter sends a transcript of
proceedings to the municipal court
within 10 days.
False
5. The reporter has 20 days to provide a
transcript if an indictment is not
returned.
False
FEDERAL RULES
Rule 28 Persons Before Whom
Depositions May Be Taken (a)
A deposition may be taken before an officer
authorized to administer oaths under US law
or under the laws where the deposition is
held within the United States or a territory
or insular possession.
The court may also appoint a person to
administer oaths and to take the testimony.
Rule 28 Persons Before Whom
Depositions May Be Taken (b)
Depositions may be taken in a foreign
country
pursuant to any applicable treaty or convention
pursuant to a letter of request
on notice before a person authorized to
administer oaths in the place in which the
examination is held
before a person commissioned by the court and
who is given a commission
A commission or letter of commission is
issued on application and notice.
A commission may designate the person
before whom the deposition is taken by
name or descriptive title.
When a letter of request is used pursuant to
a treaty, it shall be captioned in the form
prescribed by that treaty.
Evidence obtained in response to a letter of
request need not be excluded because it is
not a verbatim transcript or the witness was
not sworn before giving the testimony.
Rule 28 Persons Before Whom
Depositions May Be Taken (c)
No deposition shall be taken before a
person who is a relative or employee or
attorney or counsel of any of the
parties, or is a relative or employee of
such attorney or counsel, or is
financially interested in the action.
30 Depo Upon Oral Examination (a)
A party can take the testimony of any
person by deposition without court
permission, except for deponents in
jail.
The witness may be subpoenaed.
Court permission is required to take a
deposition if
more than ten depositions have been
taken by the plaintiffs, defendants, or
third-party defendants
a witness is to be deposed again
a party wants to take a deposition
without adequate notice, unless the party
taking the deposition can certify the
deponent is leaving the country and won’t
be available for a future deposition
30 Depo Upon Oral Examination (b)
A party who wants to take a deposition must
give reasonable written notice to all other
parties.
The notice shall state the time and place for
the depo and the name and address of the
deponent(s).
If a subpoena duces tecum is to be served,
a list of the items to be produced must be
included in the notice.
The notice shall state how the depo is going
to be recorded (stenographically, by taperecording, or videotaping).
The party taking the deposition pays for the
cost of recording the depo.
If the depo is not recorded stenographically,
any party may arrange for transcription of
the recording.
If another party wishes the depo be recorded
in a fashion other than that stated in the
notice, he must pay for it himself.
Depositions are taken before an
officer as designated in Rule 28 and
begin with a statement on the record
by the officer that includes
A.
B.
C.
D.
the officer’s name and business address
the date, time, and place of the depo
the name of the deponent
the administration of the oath or
affirmation
E. an identification of all persons present
If the depo is not recorded stenographically,
Items A through C must be repeated at the
beginning of each unit of recorded medium.
The medium used must not distort the
appearance of any of the parties in the
deposition.
At the end of the depo, the officer must
state that the depo is complete and set forth
any stipulations made by counsel concerning
the custody of the transcript or recordings or
exhibits or any other matters.
The parties may stipulate, or the court
may order, a depo be taken
telephonically or by some other
remote electronic means (using
videoconferencing or over the
Internet).
A deposition taken by such means is
taken in the district where the
deponent is to answer the questions.
30 Depo Upon Oral Examination (c)
The depo officer shall put the witness on
oath or affirmation and record the testimony
of the witness.
All objections made shall be noted upon the
record of the depo; however, the
examination will continue.
A party may choose to serve written
questions instead of appearing at the depo,
and the officer shall propound and record
the questions verbatim.
30 Depo Upon Oral Examination (d)
Objections shall be stated concisely and in a
neutral manner.
A party may instruct a deponent not to
answer only to preserve a privilege, to
enforce a limitation on evidence, or to
present a motion.
The court may limit the time permitted for
the conduct of a depo.
If a party impedes the taking of the
testimony, sanctions may be imposed.
If a motion is made that the depo is
being conducted in bad faith, the depo
will be suspended pending a court
ruling.
The court may order the officer to
cease taking the deposition or to limit
the scope of the deposition.
30 Depo Upon Oral Examination (e)
The deponent must request that after
notification that the transcript is ready
he have 30 days in which to review it,
make any changes, and sign it.
The officer’s certificate must indicate
if a review was requested.
The transcript must be appended with
any changes made by the deponent.
30 Depo Upon Oral Examination (f)
The officer shall certify that the witness was
duly sworn by him and that the deposition is
a true record of the testimony given by the
witness.
The certification must accompany the
deposition.
The officer shall seal the depo in an
envelope with the title of the action and the
name of the deponent.
The transcript shall be filed in the
court in which the action is pending or
sent to the party taking the deposition,
who shall store it in such a way to
prevent its loss or destruction.
Exhibits produced during the
examination shall be marked for
identification and attached to the
deposition.
The exhibits may be inspected and
copied by any party.
However, if the party who produces the
exhibits wishes to retain them,
he may offer copies to serve as originals,
as long as he allows the other parties to
compare the copies to the originals
or he can have the originals marked and
allow the other parties to inspect them
and make copies themselves, which shall
be used as if annexed to the deposition.
Any party can move to have the
originals annexed to the deposition.
The officer shall retain all stenographic
notes of the deposition or a copy of
any recording, if made.
The deponent or any party may
purchase a copy of the transcript or
recording.
The party noticing the deposition shall
promptly inform all parties that the
transcript has been filed.
31 Depo Upon Written Questions
A party can take the testimony of any
person by deposition without court
permission, except for deponents in
jail.
The witness may be subpoenaed.
Court permission is required to take a
deposition if
more than ten depositions have been
taken by the plaintiffs, defendants, or
third-party defendants
a witness is to be deposed again without a
stipulation of the parties
a party wants to take a deposition
without adequate notice
The written questions shall be served
upon every other party with the
notice.
The notice shall include the name and
address of the person who is to answer them
and the name of the officer before whom
the depo will be taken.
A deposition upon written questions may be
taken of a public or private corporation, a
partnership, an association, or a
governmental agency.
Within 14 days of being served, a party may
serve cross questions on all other parties.
Those parties can serve redirect questions
within 7 days, and any recross questions
must be served within 7 days after that.
Questions on Federal Rules
1. If a person has already been deposed,
A. he cannot have his deposition taken
again
B. he can only have it taken by leave of
court
C. he can have it taken by stipulation
Answer: C
2. The reporter shall cease taking a
deposition
A. upon motion of the deponent that he is
be oppressed
B. only upon order of the court
C. only if all parties stipulate
Answer: A
3. A party may instruct a deponent not
to answer
A. because the question is immaterial
B. to preserve a privilege
C. because the question is compound
Answer: B
4. If an objection is made to the
evidence presented,
A. the court must rule on the objection
before proceeding
B. the officer shall stop the deposition
C. the examination shall proceed subject to
the objection
Answer: C
5. A telephone deposition is
A. is not permitted
B. must be taken before the court
C. must be taken at the place where the
deponent is to answer questions
Answer: C
True or False
1. Depositions in any federal case must
be taken before a federal notary.
False
2. No depositions may be taken in
foreign countries without securing a
subpoena from the country involved.
False
3. All depositions in a foreign country
must be certified by a local reporter.
False
4. A person who has been a close friend
to a party to the action for a period
of 21 or more years cannot have his
deposition taken because he is a
legally “interested” party.
False
5. The parties may stipulate in writing
that a deposition can be taken by
telephone.
True
6. The oath may never be administered
by a person whose authority was
granted in a jurisdiction other than
where the action is pending.
False
7. If a party desires to maintain the
original of an exhibit, he must give
each party the opportunity to
examine the exhibit.
True
8. A party may take the deposition of a
non-party by written questions but
only by leave of court.
False
9. It is customary to state the date,
time, and place of taking the
deposition on the record at the
beginning of the deposition.
True
10.The deposition officer must state on
the record at the beginning of the
deposition that he is a disinterested
person.
False
CALIFORNIA CONSTITUTION
Article VI, Section1
The judicial power of the state is
vested in the Supreme Court, courts of
appeal, superior courts, and municipal
courts.
All are courts of record.
Article VI, Section 2
The Supreme Court consists of the
Chief Justice of California and six
associate justices.
The Chief Justice may convene the
court at any time.
The concurrence of four judges is
necessary for a judgment.
An acting Chief Justice shall perform
the duties of the Chief Justice when
the Chief Justice is absent.
The Chief Justice appoints the acting
Chief Justice.
If the Chief Justice does not, the court
will select the acting Chief Justice.
Article VI, Section 3
The state is divided into districts each
containing a court of appeal.
Each division consists of a presiding
judge and 2 or more associate judges.
The court of appeal is conducted as a
three-judge court.
The concurrence of 2 judges is
necessary for a judgment.
Article VI, Section 4
Each county has a superior court of at
least one judge.
Each superior court has an appellate
division.
The Chief Justice assigns judges to the
appellate division for specified terms.
Questions on California Constitution
1. How many justices are there on the
Supreme Court?
7 — 1 Chief Justice and 6 associate justices
2. In addition to the Chief Justice, how
many justices are there on the
Supreme Court?
Six
3. When may the Chief Justice convene
the Supreme Court?
At any time
4. How many judges must concur in
order to render a judgment?
Four
5. Who presides if the Chief Justice is
unable to preside?
An acting Chief Justice
6. Who selects an acting Chief Justice?
The Chief Justice
7. If the Chief Justice fails to select an
acting Chief Justice, who selects the
acting Chief Justice?
The court
Multiple Choice
1. There is a state court of appeal with at
least one division in each
A. county
B. district
C. city of over one million
Answer: B
2. How many judges are there in each
division?
A. 3
B. 5
C. 7
Answer: A
3. The concurrence of how many judges
of the appellate court is necessary
for a judgment
A. 2
B. 4
C. 6
Answer: A
4. There is a superior court with one or
more judges in each
A. city
B. district
C. county
Answer: C
5. There is an appellate division in each
A. municipal court
B. supreme court
C. superior court
Answer: C
UNITED STATES CONSTITUTION
Article III, Section 1
The judicial power of the United States
shall be vested in one supreme court
and in inferior court established by
Congress.
The judges of both courts hold office
for as long as they do not engage in
improper behavior.
Article III, Section 2
Judicial power extends to
all law and equity cases arising under the
laws of the United States, the
Constitution, and any treaties made
all cases affecting ambassadors and
consuls
all cases of admiralty
controversies where the United States is a
party
controversies between two or more states
controversies between a state and
citizens of another state*
controversies between citizens of
different states
controversies between citizens of the
same state claiming lands under grants of
different states
controversies between a state or its
citizens and a foreign state or its citizens*
*Limited by Amendment XI
The supreme court has original jurisdiction
in all cases affecting ambassadors and
consuls and those where a state is a party.
In all other cases, the supreme court has
appellate jurisdiction.
Trials will be by jury and will be held in the
state where the crimes were committed.
When a crime is not committed in any state,
it is held where Congress by law directs it
may be held.
Amendment XI
The judicial power of the United States
does not extend to any suit against a
state by citizens of another state or
citizens of a foreign state.
Questions on the US Constitution
1. The Supreme Court’s jurisdiction is
generally original.
False
2. The judicial power of the United
States extends to all suits
commenced against a state by a
citizen of another state.
False
3. The Supreme Court has original
jurisdiction over cases affecting
ambassadors.
True
4. The Supreme Court has original
jurisdiction over admiralty cases.
True
5. The judicial power of the United
States shall extend to controversies in
which the United States is a party.
True
6. The judicial power of the United
States shall extend to controversies
between two or more states.
True
7. The trial of crimes shall be held in
the District of Columbia.
False