State and Federal Court System

1. State and Federal Court System 5.02

2. North Carolina’s Trial Courts • Trial Courts- hear evidence and arguments of the parties in a case • District Courts • the judge hears the case and decides the verdict- there is no jury • ex: family law, traffic violations, mental hospitalization • civil cases less than $10,000, • misdemeanors

3. Superior Courts • handle civil cases involving more than $10,000 and felonies- may involve jury trials • felony- serious crimes with a victim, ex: rape, robbery, murder • in capital cases, jury also decides the sentence

4. Other Judicial Officers • Magistrates- issue search warrants and arrest warrants • district attorney- represents the state in all criminal cases in district and superior courts • district public defender- state employee who represents low-income persons accused of crimes • Bailiff: court officer

5. NC’s Appellate Courts • NC Court of Appeals- hears most cases appealed from the state’s trial courts • NC Supreme Court • highest court in the land • reviews cases of lower courts • interprets state constitution • voters elect chief justice and 6 associate judges

6. Federal Courts • Creation of Federal Courts • There was no national court system under Articles of Confederation • Article III established Supreme Court but left lower federal courts to the Congress • Judiciary Act (1787) established federal district courts • 1891, Congress created federal appeals courts and circuits, or districts they serve

7. Types of Court Jurisdiction • jurisdiction- authority to hear a case • original jurisdiction- first court to hear case • appellate jurisdiction- appealed from lower court • exclusive jurisdiction- only federal courts can hear and decide cases • concurrent jurisdiction- both federal and state courts have jurisdiction

8. Constitutional issues • Federal Laws for federal crimes (ex: kidnapping, tax evasion, bank robbery, etc) • disputes between states (supreme court) • citizens from different states • Federal government • foreign gov’ts and treaties • admiralty and maritime laws • US diplomats

9. Lower Federal Courts • US District Courts • District courts are the lowest federal courts where trials are held (civil and criminal) • 94 district courts in parts of country, some courts specialized (international trade, federal claims) • All federal cases begin in district courts- original jurisdiction • only federal courts with witnesses and trial juries to reach verdicts

10. US Court of Appeals • appeals courts- review decisions in lower courts- appellate jurisdiction • Organization- 12 US Courts jurisdiction over district courts over an area or circuit

11. Making a decision • No trials, just 3 or more judges review case and listen to arguments • Can uphold decision, reverse original decision, or remand (send back to be tried again) a case

12. Selection of Federal Judges • Appointed by President, confirmed by Senate • Federal Judges serve for life • Usually lawyers but no legal requirement • political support and agreement with the president important factors

13. Supreme Court • Jurisdiction and Powers • Original- conflicts b/w states • Appellate- chooses which cases it hears • Judicial Review- review any local, state, or federal issue if it is constitutional

14. Procedures • select cases that involve constitutional or legal (not political) questions • writ of certiorari- asks a lower court to send the case to the Supreme Court for review • Accepted cases go on the docket, or calendar

15. Decision making • written arguments- a brief is a written document that explains one side’s opinion • oral arguments- 30 minutes to present case with questioning

16. Opinion writing • One Chief Justice, 8 Associate justices vote • Majority opinion- views of the majority justices, has far reaching consequences • Concurring opinion- agrees with the majority but for a different reason • Dissenting opinion- opposes majority opinion