Review What is the social contract theory? Give an example of administrative law. Why do torts commonly lead to settlements? Make a list of trial procedures from start to finish. What theory of punishment is used for juviniles?

Civics 5.02 State and Federal Court System

I. NC’s Trial Courts A.Trial Courts- hear evidence and arguments of the parties in a case B.District Courts 1.the judge hears the case and decides the verdict- there is no jury 2.ex: family law, traffic violations, mental hospitalization, 3.civil cases less than $10,000, misdemeanors 4.Small claims- less than $5000

C.Superior Courts 1.handle civil cases involving more than $10,000 and felonies- may involve jury trials 2.felony- serious crimes with a victim, ex: rape, robbery, murder 3.in capital cases, jury also decides the sentence

D.Other Judicial Officers 1.Magistrates- issue search and arrest warrants 2.district attorney- represents the state in all criminal cases in district and superior courts 3.district public defender- state employee who represents low-income persons accused of crimes 4.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 Court 1.highest court in the land 2.reviews cases of lower courts 3.interprets state constitution 4.voters elect chief justice and 6 associate judges

III. Federal Courts A.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 courts , Congress created federal appeals courts and circuits, or districts they serve

B.Federal Court Jurisdiction 1.jurisdiction- authority to hear a case 2.original jurisdiction- first court to hear case 3.appellate jurisdiction- appealed from lower court 4.exclusive jurisdiction- only federal courts can hear and decide cases 5.concurrent jurisdiction- both federal and state courts have jurisdiction

6.Constitutional issues 7.Federal Laws for federal crimes (ex: kidnapping, tax evasion, bank robbery, etc) 8.disputes between states (supreme court) 9.citizens from different countries 10.Federal government 11.foreign gov’ts and treaties 12.admiralty and maritime laws 13.US diplomats

IV. Lower Federal Courts A.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 Appeals 1.appeals courts- review decisions in lower courts to see if they followed proper due process 2.Organization- 12 US Courts jurisdiction over district courts over an area or circuit 3.Making a decision a.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 Judges 1.Appointed by President, confirmed by Senate 2.Federal Judges serve for life 3.Usually lawyers but no legal requirement 4.political support and agreement with the president important factors

Which Court has jurisdiction in this case? 1.Petty vandalism 2.Bank theft 3.Grand larceny 4.An appeal of a counterfeiting case 5.A dispute between Virginia and North Carolina 6.Terrorism 7.An appeal of $10 million lawsuit against a North Carolina company 8.The beginning of a lawsuit that “ObamaCare” is unconstitutional 9.A dispute over an unfulfilled $7000 contract 10.An appeal of a capital punishment case in North Carolina

V. US Supreme Court A.Jurisdiction and Powers 1.Original- conflicts b/w states 2.Appellate- chooses which cases it hears 3.Judicial Review- review any local, state, or federal issue if it is constitutional

B.Procedures 1.select cases that involve constitutional or legal questions 2.writ of certiorari- asks a lower court to send the case to the Supreme Court for review 3.Accepted cases go on the docket, or calendar

C.Decision making 1.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 writing a.One Chief Justice, 8 Associate justices vote b.Majority opinion- views of the majority justices, has far reaching consequences c.Concurring opinion- agrees with the majority but for a different reason d.Dissenting opinion- opposes majority opinion