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