B USINESS L AW E SSENTIAL S TANDARD 1.00 O BJECTIVE 1.02 Understand Court Systems and Trial Procedures

B USINESS L AW E SSENTIAL S TANDARD 1.00 O BJECTIVE 1.02 E SSENTIAL Q UESTIONS : 1. What types of cases are heard by Federal and North Carolina State courts? 2. What are the steps to a trial?

F EDERAL C OURTS U. S. Supreme Court: Has both original and appellate jurisdiction. U. S. Court of Appeals: Has appellate jurisdiction over the district courts. U. S. District Courts: The lowest level of Federal court with general jurisdiction. US District courts have original jurisdiction over most federal court cases.

N. C. S TATE C OURTS N. C. Supreme Court: State’s highest court. Questions the law. N. C. Court of Appeals: Intermediate appellate court that decides only questions of law. N. C. Superior Court: made up of two divisions: Superior and District Court.

N. C. S TATE C OURTS ( CONTINUED ) N. C. District Court Hold trials to determine the facts of cases. Divided into: Magistrates’ Court Civil Court Criminal Court Juvenile Court

T RIAL P ROCEDURES : C RIMINAL C ASES Arrest A person who has allegedly committed a felony offense or a serious misdemeanor offense that does not meet the requirements for a person to be released on a signature summons. Initial Bail The magistrate sets an initial bail-bond amount in order for the person charged to be released after the arrested person is taken before a magistrate. Arraignment/Initial Hearing The charged person is brought before a judge to determine probable cause and set any bail requirements. Grand Jury Panel of 18 randomly selected citizens for a trial to determine if probable cause exists for the case to go to trial.

T RIAL P ROCEDURES : C IVIL C ASES Complainant (Plaintiff): person or entity bringing or filing the lawsuit Defendant: person or entity against which the lawsuit is brought Complaint: initial pleading by which a lawsuit is begun Answer: response to a civil complaint Summons: official notice of the lawsuit that is issued by the Clerk of Court Pleadings: papers requesting something or responding to a request that are filed in the case, including the complaint and answer

S TEPS TO A T RIAL (C RIMINAL AND C IVIL ) 1. Jury Selection Voir dire: attorneys for both prosecution (plaintiff if civil) are allowed to strike a specific number of jurors without justification. 2. Opening Statement: Given at the beginning of the trial. Sets the basic scene for the jurors by outlining facts and introduce them to the core dispute(s) in the case. 3. Testimony Declaration by a witness under oath. 4. Evidence Presentation: Items that can corroborate or refute the testimony of other witnesses. 5. Closing Arguments: Used to persuade jurors to adopt an interpretation favorable to each sides position. 6. Jury Instructions: Given by the trial judge that state what the defendant can be found guilty of and what the prosecution or plaintiff has to prove in order for a guilty verdict.

1. Jury Deliberation: Jury is charged to find the defendant guilty or not guilty: by all 12 members in criminal cases by the majority of the jurors in a civil trial 2. Verdict/Sentence In a criminal trial, the jury must make a decision beyond a reasonable doubt In a civil trial, the jury must make a decision by a preponderance of the evidence. It is sometimes called a judgment in civil trial. Steps to a Trial (Criminal and Civil)