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

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Presentation on theme: "What are the 4 different types of North Carolina courts? What is the highest court in the United States? Judicial Branch."— Presentation transcript:

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

2  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 3 rd party to decide issues (arbitration), based on the law & precedent – not their own opinion.

4  Article III of 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  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  The Constitution gives federal courts jurisdiction over eight kinds of cases. 1.If the law in question applies to the U.S. Constitution 2.Cases involving violation of federal laws. 3.Any disagreement between 2 state governments 4.Lawsuits between citizens of different states. 5.If the U.S. government sues someone or someone sues the U.S. government 6.Disputes between a foreign government and either the U.S. government or an American private party. 7.Admiralty and maritime laws concern accidents or crimes on the high seas. 8.Cases involving U.S. diplomats.

7  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  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  People who lose in a district court often appeal to the next 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  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  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  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  1. Martin sues Wake County public schools for $250,000 after he suffered 3 rd 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  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  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  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!

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