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North Carolina’s Judicial Branch

North Carolina’s Judicial Branch. Basic Structure. District Courts. 4 categories: civil, criminal, juvenile and magistrate Sit in the county seat of each county Hear criminal misdemeanor cases Hear civil cases of divorce, custody, child support and disputes of than $10,000

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North Carolina’s Judicial Branch

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  1. North Carolina’s Judicial Branch

  2. Basic Structure

  3. District Courts • 4 categories: civil, criminal, juvenile and magistrate • Sit in the county seat of each county • Hear criminal misdemeanor cases • Hear civil cases of divorce, custody, child support and disputes of than $10,000 • All trials are bench trials • Judges are elected to 4-year terms

  4. Superior Court • Felony criminal cases start here • Hear civil cases of more than $10,000 • Hear appeals from District Court • A petit jury of 12 hears cases • In criminal & civil cases, juries can be waived • Judges are elected to 8-year terms

  5. Other Officials • Magistrate issues warrants; sets bail, guilty pleas, accepts payments; conducts small trials & sm. claims court. Appointed to 2-year terms. • Clerk of Superior Court is in charge of foreclosures, jury duty, dockets, fines, etc. Elected to a four-year term. • Public Defender represents indigent defendants. Hired by the DA. • The District Attorney brings charges for the district on behalf of the state. Elected to a 4-year term.

  6. Court of Appeals of North Carolina • Only intermediate appellate court • 15 judges sit in panels of 3-No jury • Decides questions of law on cases appealed from the Superior courts, except death penalty cases • Cases in which there is a dissent go to the Supreme Court • Judges are elected to 8-year terms

  7. Supreme Court of NC • The state's highest court • No further appeal for state decisions • Chief justice & 6 associate justices sit together as a panel in Raleigh • Has no jury • Determines no fact; considers error in legal procedures or in interpretation of law • Justices are elected to 8-year terms

  8. Before Reading Bayard case: • Define each of these terms: • Eminent Domain • Judicial Review • Supremacy • Due Process • Equal Protection

  9. Article I, Section 19 • No person shall be taken , imprisoned or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.

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