Objective 1.02 Understand C ourt Systems and T rial P rocedures

1. Objective 1.02 Understand Court Systems and Trial Procedures

2. Federal Courts U. S. Supreme Court • Highest court in land • Both original and appellate jurisdiction • Exercises its appellate jurisdiction over cases from lower courts U. S. Court of Appeals • Appellate jurisdiction over the district courts, certain specialized federal courts and many Federal agencies. • Do not accept any new evidence or call witnesses. • Review the trial transcripts, legal briefs and oral arguments from attorneys. • 13 Federal Courts of Appeal - 12 of these are Circuit Courts and each is assigned a geographic area of the U. S. • Thirteenth court is assigned to the federal circuit • Handles appealed patent cases from district court • Handles appeals from courts with special jurisdictions. U. S. District Courts • Lowest level of Federal court with general jurisdiction • First to hear the dispute in the Federal system • Power to determine the facts and make initial determinations • Original jurisdiction on Federal cases that fall under the Constitution, U. S. Law and U.S. treaties and between a U. S. citizen and a foreign nation or a foreign citizen.

3. N. C. State Courts N. C. Supreme Court • State’s highest court • Chief Justice and six associate justices • Decide cases appealed from lower courts, including from the Court of Appeals. • No jury • Makes no determinations of fact • Considers only questions of law • Means resolving a party’s claim that there were errors in legal procedures or in judicial interpretation of the law in the trial court or the Court of Appeals. N. C. Court of Appeals • Intermediate appellate court • Fifteen judges • Sit in panels of three to hear cases with one Chief Judge of the Court of Appeals appointed by the Chief Justice of the Supreme Court • Decides only questions of law

4. N. C. State Courts (continued) N. C. Superior Court • Trial court divisions • To determine the facts of cases • General jurisdiction. N. C. District Court • Hold trials to determine the facts of cases Magistrates’ Court • Both civil and criminal matters • Preside over “small claims "court • Conduct certain preliminary proceedings and are authorized to dispose of some criminal cases by pleas of guilty or by trial.

5. N. C. State Courts (continued) Civil Court • Civil jurisdiction of the trial court divisions – the superior court and district court is concurrent Criminal Court • Criminal jurisdiction • Depends on the type of offense charged • With a few exceptions, the superior court has exclusive jurisdiction over all felonies. Juvenile Court • Exclusive, original jurisdiction over all juvenile cases • Children under the age of sixteen who are accused of being “delinquent” and children under the age of eighteen who are “undisciplined”, “abused”, “neglected” or “dependent.” • All records of juvenile proceedings are confidential and not open to the public.

6. Trial Procedures Criminal Cases Arrest • Person who has allegedly committed a felony offense or a serious misdemeanor offense that does not meet the requirements for a person to be released on a signature summons. Initial Bail • The arrested person is taken before a magistrate and based on the charge, circumstances and the offenders prior criminal record, the magistrate sets an initial bail-bond amount in order for the person charged to be released. Arraignment/Initial Hearing • The charged person is brought before a judge to determine probable cause to have the case heard by a grand jury for possible indictment (if a felony charge). • This arraignment is also used to change or set any bail requirements.

7. Trial Procedures Criminal Cases Grand Jury • Panel of eighteen citizens • Randomly drawn from the same pool as those selected for jury duty for a trial • Determine if probable cause exists for the case to go to trial

8. Civil Cases Complainant (Plaintiff) • Person or entity bringing or filing the lawsuit. Defendant • Person or entity against which the lawsuit is brought Complaint • Initial pleading by which a lawsuit is begun Answer • Response to a civil complaint Summons • Issued by the Clerk of Court • Official notice of the lawsuit Pleadings • Papers requesting something or responding to a request that are filed in the case, including the complaint and answer

9. Trial Procedures Steps to a Trial (Criminal and Civil) Jury Selection • Attorneys for both prosecution (plaintiff if civil) are allowed to strike a specific number of jurors without justification referred to as Voirdire Opening Statement • Beginning of the trial • Limited to outlining facts • Set the basic scene for the jurors • Introduce them to the core dispute(s) in the case • Provide a general road map of how the trial is expected to unfold

10. Steps to a Trial (Criminal and Civil) Testimony • Declaration by a witness under oath, as that given before a court or deliberative body Evidence Presentation • Item such as a coroner's report, a weapon in a criminal case or photographs in a civil case that can help corroborate or refute the testimony of other witnesses Closing Arguments • Opportunity to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to each sides position Jury Instructions • Given by the trial judge • Specifically state what the defendant can be found guilty of and what the prosecution or plaintiff has to prove in order for a guilty verdict.

11. Steps to a Trial (Criminal and Civil) Jury Deliberation • jury is charged to find the defendant guilty or not guilty • in criminal case by all 12 members • in civil case by the majority of the jurors in a civil trial Verdict/Sentence • in a criminal trial the jury must make a decision beyond a reasonable doubt • in a civil trial the jury must make a decision by a preponderance of the evidence. • in a civil case the verdict is sometimes called a judgment.