2.  The United States has an adversarial court system. › This means that two opposing sides must argue their cases before a judge in order to find the truth.  Other areas around the world have an inquisitional system. › This means that a panel of judges actually question witnesses and gather evidence to try and discover the truth.

3.  Judges preside over trials and have several duties: › Protect the rights of those involved in the trial › Ensure that attorneys follow the rules of evidence and trial procedures › In a nonjury trial, the judge decides a verdict. › In a jury trial, the judge instructs the jury on the laws involved in the case. › sentence individuals convicted of committing a crime at the conclusion of a trial

4.  In a trial, there are two parties, or sides. › In a civil case, the two sides are called the plaintiff (the person who filed the lawsuit) and the defendant (the person the suit was filed against). › In a criminal case, the two sides are called the prosecution (the government who argues the case on behalf of society) and the defendant (the person who is accused of committing a criminal act).

5.  There are separate court systems at the state and national level.  State courts are expected to enforce state and local laws, while federal courts enforce federal laws.  Because most criminal activity violates state laws, most cases begin in state courts.  State Courts handle about 30,000,000 cases each year, while federal courts hear about 1,000,000. There are about 1,700 federal judges and about 30,000 state judges.  Because of the Supremacy Clause in the US Constitution, federal courts can review the decisions of the state courts to ensure that they also abide by federal laws.

6. NC Supreme Court 7 Justices NC Court of Appeals NC Superior Court NC District Court Highest court in the state Justices are elected by the people to 8 year terms Hears appeals from the lower courts Decisions by the court can be appealed to the US Supreme Court Not a trial court – an appeals court reviews the materials from a trial that happened in a lower court to ensure that an error of law did not occur. Judges sit in panels of 3 and issue a decision together. If decision is not unanimous, it can be appealed further. Trial Court (criminal and civil trials) Hears civil cases dealing with more than $10,000 and felony criminal cases First Degree Murder cases resulting in the death penalty are automatically appealed to the NC Supreme Court Lowest level of the NC Court System Trial Court (criminal and civil trials) Hear civil cases dealing with less than $10,000, family law cases, misdemeanor criminal case, and all juvenile cases

7. US Supreme Court 9 Justices 10,000 petitions for appeal (only actually hear 75-80) US District Court US Court of Appeals Hear appeals cases from the US Court of Appeals and state supreme courts Original Jurisdiction over cases where one state has sued another state, or cases involving foreign diplomats All decisions are final Decisions set precedent for future cases Lowest level of the US Court System Trial Court 94 District Courts nationwide Hear violates of federal law only (criminal and civil) Not a trial court – an appeals court reviews the materials from a trial that happened in a lower court to ensure that an error of law did not occur. Judges sit in panels of 3 and issue a decision together. If decision is not unanimous, it can be appealed further.

8.  Jurisdiction : the authority to hear a case  There are different types of jurisdictions, depending on the different levels of the court system and the type of case.

9.  Original : If a court has original jurisdiction, this means they are the first court to hear a case.  Example: NC District Courts have original jurisdiction over all civil cases dealing with less than $10,000, while NC Superior Courts have original jurisdiction over all cases dealing with more than $10,000.

10.  Appellate : If a court can review a case that has already been heard in a lower court, we say they have appellate jurisdiction.  Example: If a judge made an error of law in a US District Court, a lawyer could appeal the case to the US Court of Appeals. At the Court of Appeals, the judges would read over all of the court documents from the trial in the District Court, to make sure no mistakes were made.

11.  Concurrent : If more than one level of the court system can hear a certain type of case, we say that they have concurrent (or shared) jurisdiction. (Example, murder is illegal in both the United States as well as the state of NC, so a murder case could be heard in either the US District Court or in the NC Superior Court.)  Exclusive : If a court has exclusive jurisdiction, that means they are the only level of the court system that can hear a particular type of case. (Example: The US Supreme Court is the only level of the court system in the United States that could hear a case where one state has sued another state.)