State Government

State Government Executive Branch

1. Who gives the Governor his/her power? NC Constitution

2. What is the job of the governor? • Chief of state • Chief executive • Administers state budget

3. How long is the Governor’s term? • 4 years

4. What is the Governor’s limitation on terms? • Limited to two consecutive terms

5. What are the qualifications for Governor? • Must be at least 30 years old • Must have been a US citizen for at least 5 years • Must have lived in NC for at least 2 years immediately before the election

6. What are the qualifications , term, and job of the Lieutenant Governor? • Qualifications: same as Governor • 4 year term • Job: president of the NC Senate • Serves on various commissions and committees

7. What is the difference between the Cabinet and the Council of State? • Cabinet: Governor appoints • Council of State: elected by the people

8. List the Cabinet positions. • The heads of the following: • Department of Administration • Department of Corrections • Department of Crime Control and Public Safety • Department of Health and Human Services • Department of Environment and Natural Resources

9. List the Council of State positions. • Attorney General • Commissioner of Agriculture and Consumer Services • Commissioner of Insurance • Commissioner of Labor • Secretary of State • Superintendent of Public Instruction • State Auditor • State Treasurer

10. What are the terms for the Council of State? • 4 year term, unlimited

11. What are the “positives” and “negatives” of the Council of State? • Positives • By electing the heads…it allows people to choose people who share their views on issues • Provides the investigative agencies more freedom to explore problems in other agencies

Negatives • Few voters really know very much about the Council of State or the candidates running for office • If the governor appointed positions there would be greater coordination and a possible reduction in the overall cost of government

State Government Judicial Branch

1. What is the job of a “trial court”? • To hear evidence and arguments of a case and issue a decision

2. What are the two kinds of trial courts? • District Courts • Superior Courts

3. List the officials often found in trial courts. • Sheriff • Police • District attorneys • Magistrates • Special language consultants

4. Who decides the verdict in a district court? • Judge

5. List the types of cases heard in district court. • Juvenile law • Divorce • Family law • Mental hospital commitments • Traffic violations • Civil cases less than $10,000 • Misdemeanors • Initial hearings of felonies

6. For how long is the judge elected to serve in district court? • 4 year term

7. List the types of cases heard in Superior Court? • Civil cases involving more than $10,000 • Felonies

8. Who decides the verdict in Superior Court? • Judge or Jury

9. For how long is the judge elected to serve in superior court? • Each district elects the superior court judges for 8 year terms

10. What are “special superior judges”? • The Governor appoints 15 special superior judges who serve as needed

11. What is the job of the “clerk of superior court”? Are they elected? • Establish validity of wills • Dealing with foreclosures • elected

12. What is the job of a magistrate? Are they elected? • Issue search warrants • Issue arrest warrants • Appointed by resident superior court judge with greatest with the greatest seniority

13. What is the job of a district attorney? Are they elected? • Represents the state in criminal trials and juvenile delinquency in district court • elected

14. What are public defenders? • Lawyers who represent those who cannot afford a lawyer

15. What is the job of the appellate courts? • Hear cases appealed from the state’s trial courts

16. Describe the structure and job of the North Carolina Court of Appeals. • Structure: • 15 judges….hear cases in groups of 3….elected for 8 year term Job: looks at questions of law and court procedure

17. Describe the structure and job of the North Carolina Supreme Court. • Structure: • 7 Justices • Elected for 8 year term

Job: • Interprets state constitution • Hears appeals of all death sentences • Supervises all the other NC courts • Chief Justice can name special superior court judges and can temporarily reassign superior and district court judges

18. Briefly describe the “Bayard v Singleton” (1787) case and decision. • Elizabeth Bayard filed lawsuit to reclaim family’s property in New Bern that had been seized because they were Loyalists • Case decided in Bayard’s favor • Court declared the Confiscation Act unconstitutional • Idea introduced concept of judicial review

19. Briefly describe the “State v. Mann” (1830) case and decision. • John Mann was arrested for beating and wounding a slave….Lydia • Court ruled according to the NC Constitution….slaveholders could not be prosecuted for attacking their slaves

20. Briefly describe the “Leandro Case” and its decision. • People from 5 “low wealth” NC counties filed suit against the state of NC….stated that children were not being given adequate or equal educational opportunities because counties could not afford to pay as much as the “richer” counties were paying for education • Court ruled that state constitution does NOT require equal funding of education in each county • Follow up……Hoke v. State: court decided that “at risk” children demand more funding and that funding should be provided

State Government