State and Federal Court System

5.02

I. North Carolina’s Trial CourtsA. Trial Courts- hear evidence and arguments of

the parties in a caseB. District Courts

1. the judge hears the case and decides the verdict- there is no jury

2. ex: family law, traffic violations, mental hospitalization3. civil cases less than $10,000, 4. misdemeanors

C. Superior Courts1. handle civil cases involving more than $10,000 and

felonies- may involve jury trials2. felony- serious crimes with a victim, ex: rape,

robbery, murder3. in capital cases, jury also decides the sentence

D. Other Judicial Officers 1. Magistrates- issue search warrants and arrest

warrants2. district attorney- represents the state in all criminal

cases in district and superior courts3. district public defender- state employee who

represents low-income persons accused of crimes4. Bailiff: court officer

II. NC’s Appellate Courts

A. NC Court of Appeals- hears most cases appealed from the state’s trial courts

B. NC Supreme Court1. highest court in the

land2. reviews cases of

lower courts3. interprets state

constitution4. voters elect chief

justice and 6 associate judges

III. Federal CourtsA. Creation of Federal Courts

1. There was no national court system under Articles of Confederation

2. Article III established Supreme Court but left lower federal courts to the Congress

3. Judiciary Act (1787) established federal district courts4. 1891, Congress created federal appeals courts and

circuits, or districts they serve

B. Types of Court Jurisdiction1. jurisdiction- authority to hear a case2. original jurisdiction- first court to hear case3. appellate jurisdiction- appealed from lower court4. exclusive jurisdiction- only federal courts can hear

and decide cases5. concurrent jurisdiction- both federal and state courts

have jurisdiction

6. Constitutional issues7. Federal Laws for federal crimes (ex: kidnapping, tax

evasion, bank robbery, etc)8. disputes between states (supreme court)9. citizens from different states10. Federal government11. foreign gov’ts and treaties12. admiralty and maritime laws13. US diplomats

IV. Lower Federal CourtsA. US District Courts

1. District courts are the lowest federal courts where trials are held (civil and criminal)

2. 94 district courts in parts of country, some courts specialized (international trade, federal claims)

3. All federal cases begin in district courts- original jurisdiction

4. only federal courts with witnesses and trial juries to reach verdicts

B. US Court of Appeals1. appeals courts-

review decisions in lower courts- appellate jurisdiction

2. Organization- 12 US Courts jurisdiction over district courts over an area or circuit

3. Making a decisiona. No trials, just 3 or

more judges review case and listen to arguments

b. Can uphold decision, reverse original decision, or remand (send back to be tried again) a case

C. Selection of Federal Judges1. Appointed by President, confirmed by Senate 2. Federal Judges serve for life3. Usually lawyers but no legal requirement4. political support and agreement with the

president important factors

V. Supreme CourtA. Jurisdiction and Powers

1. Original- conflicts b/w states2. Appellate- chooses which cases it hears3. Judicial Review- review any local, state, or federal

issue if it is constitutional

B. Procedures1. select cases that involve constitutional or legal (not

political) questions2. writ of certiorari- asks a lower court to send the case

to the Supreme Court for review3. Accepted cases go on the docket, or calendar

C. Decision making1. written

arguments- a brief is a written document that explains one side’s opinion

2. oral arguments- 30 minutes to present case with questioning

3. Opinion writinga. One Chief Justice, 8 Associate justices voteb. Majority opinion- views of the majority

justices, has far reaching consequencesc. Concurring opinion- agrees with the

majority but for a different reasond. Dissenting opinion- opposes majority

opinion