Warm UP!

1. Warm UP! What are the 4 different types of North Carolina courts? What is the highest court in the United States? Judicial Branch

2. Courts • State: • NC Supreme Court (highest) • NC Court of Appeals • Superior Court • District Court • Federal • US Supreme Court (highest) • US Court of Appeals • US District Court

3. Why do we have courts? • “To ensure equal justice for all” • To settle disputes (civil cases – 3 types: lawsuits, family law, contract law) and hold trials for those accused of a crime (felonies or misdemeanors) • Judges act as a neutral 3rd party to decide issues (arbitration), based on the law & precedent – not their own opinion.

4. The Federal Court System • Article IIIof the Constitution established a national Supreme Court and gave Congress the power to establish lower federal courts. • Over the years, Congress set up three levels in the federal court system–district courts at the bottom, appeals courts in the middle, and the Supreme Court at the top. • Each state also has its own laws and court system.

5. Judicial Jurisdiction • Jurisdiction is a court’s authority to hear and decide cases. • Original Jurisdiction: authority to hear a case first • Appellate Jurisdiction: authority to review the decisions of a court having original jurisdiction • Concurrent Jurisdiction: two courts share the authority to hear the case • Exclusive Jurisdiction: only federal courts may hear the case

6. U.S. Federal Courts • The Constitution gives federal courts jurisdiction over eight kinds of cases. • If the law in question applies to the U.S. Constitution • Cases involving violation of federal laws. • Any disagreement between 2 state governments • Lawsuits between citizens of different states. • If the U.S. government sues someone or someone sues the U.S. government • Disputes between a foreign government and either the U.S. government or an American private party. • Admiralty and maritime laws concern accidents or crimes on the high seas. • Cases involving U.S. diplomats.

7. Levels of Federal Courts • US District Courts - are the federal courts where trials are held and lawsuits are begun (Original Jurisdiction in these cases) • US Court of Appeals - review decisions made in lower district courts. (Appellate Jurisdiction) • US Supreme Court – highest court in the US and hears cases of significance (Appellate [after US Court of Appeals] and Exclusive in cases involving the Constitution)

8. U.S. District Courts • All states have at least one. • For all federal cases, district courts have original jurisdiction, the authority to hear the case for the first time. • District courts hear both civil and criminal cases. • They are the only federal courts that involve witnesses and juries. • hung jury: jury that is unable to decide a verdict • bench trial: trial with no jury – only a judge

9. U.S. Court of Appeals • People who lose in a district court often appeal to thenext highest level–a U.S. court of appeals. • This is appellate jurisdiction–the authority to hear a case appealed from a lower court. • There are no juries. Guilt/innocence is not decided here – only if due process was followed. They can make 3 choices: • Uphold the original case • Remand the case to a lower court (to have another trial) • Reverse the decision of the district court

10. US Appeals Courts • Most appeals court decisions are final. • A few cases are appealed to the Supreme Court. • One appellate judge writes an opinion that explains the legal thinking behind the court’s decision in the case. • The opinion sets a precedent or model for other judges to follow in making their own decisions on similar cases. • A judge may write a dissenting opinion if they disagree with the majority opinion

11. US Supreme Court • Highest court of the United States • Part of the Judicial Branch – interprets laws • Has power of judicial review of federal laws • Marbury v. Madison (1803) gave them this power • 9 Supreme Court justices appointed for life by the President (with Senate approval). Can be removed only through impeachment

12. North Carolina State Courts • NC District Court: original jurisdiction - Hears misdemeanors and civil cases of less than $10,00 • Superior Court: original jurisdiction - Hears cases in which felony crimes have been committed and civil cases of more than $10,000 • NC Court of Appeals: appellate jurisdiction - Reviews cases from lower courts • NC Supreme Court: Appellate jurisdiction – hears appeals cases after NC Court of Appeals; exclusive jurisdiction for cases involving the NC Constitution

13. Which Court Would Hear this Case? • 1. Martin sues Wake County public schools for $250,000 after he suffered 3rd degree burns in a fire at Knightdale High School. • 2. Brooke is found guilty of killing three people in three different states and want to appeal her verdict. • 3. Renee sues the US government for her husband’s death in the Iraq War.

14. Which Court Would Hear this Case? • 4. Parents press charges against North Carolina in the Leandro cases because they are concerned that NC is not giving their children the education guaranteed to them in the NC Constitution. • 5. Miranda argued that he did not know what his rights were that were listed in the US Constitution, so he appeals his case. • 6. Robert commits a felony by kidnapping his little sister.

15. Which Court Would Hear this Case? • 7. Caroline steals a sweater from a local Raleigh store. • 8. Caroline appeals her case after she is found guilty of stealing a sweater from a local Raleigh store. • 9. Two US diplomats are accused of abusing their power and are put on trial. • 10. Parents sue a local Knightdale restaurant for $9,000 for making their children fat.

16. Judicial Branch Poster! • Create a poster outlining the Judicial Branch. • Top ½ of the poster – Federal Courts: Include the 3 levels of federal courts, what their jurisdiction is, and an example of a case each court might hear. • Bottom ½ of the poster – NC Courts: Include the 4 levels of NC courts, what their jurisdiction is, and an example of a case each court might hear. • Also label each court (federal and NC) as a trial court or an appeals court. Turn in the poster when you finish!