Unit 5 Day 1 and 2 U5 D1 - Comparing Judicial Branches – NC vs US U5 D2 - Supreme Court Opinions & Court Facts – NC & US.

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Presentation transcript:

Unit 5 Day 1 and 2 U5 D1 - Comparing Judicial Branches – NC vs US U5 D2 - Supreme Court Opinions & Court Facts – NC & US

Chart showing State vs Federal Court Make-up (Key: Chart showing State vs Federal Court Make-up (Key: * = Appeals court; ~ = Trial court) NC Court System Jury or Judge US Court System 1. NC Supreme Court * 7 Justices (Judges) 1. US Supreme Court * 9 Justices (Judges) 2. NC Appeals Court * Panel of Judges 2. US Appeals Court * 3. NC Superior Court ~ Jury and Judge 3. US District Court ~ 4. NC District Court ~ Judge N/A

NC Courts – use Ch. 13 for assistance pg. 374-397 NC Court System – interpret the law at the State level. For the 4 courts below list 3 facts for each NC Supreme Court – NC Appeals Court – NC Superior Court – NC District Court –

US Courts – use Ch. 8 for assistance pg. 237-263 US Court System – interpret the law at the Federal level. (For the 3 courts below list 3 facts for each) US Supreme Court – US Appeals Court – US District Court –

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Judicial Review The State & Federal Supreme Court work as a panel to decide the appeal of cases brought forth to them by citizens of the state & the US. The State Supreme Court is the final appeal at the state level & the Federal Supreme Court is the final appeals court for the entire nation. Understand, both Supreme Court’s main job is to find justice for the individual/company/state that was wronged. Example: in Miranda v. Arizona – the US Supreme Court was not looking at the criminal portion of the case (rape & kidnapping) by Ernesto Miranda; the Court was looking into why his 5th & 14th Amendment rights were not given to him. The Court sided w/ Miranda; understand that he still served prison time for his crimes he committed.

NC & US Supreme Court Justice Opinions Definition Why are all 3 of these opinions important in their own way? Use www.oyez.org to analyze some examples. Majority Opinion Concurring Opinion Dissenting Opinion

NC & US Courts use types of jurisdiction (the court’s authority to hear & decide a case.) Definition State, Federal or Both? What court? Exclusive the power of only _________________ courts to hear/decide cases. Federal Court US District & US Supreme Court Concurrent the power for both _____________ & _________ courts to hear/decide a case Both Courts NC Superior US District Court, US Supreme Original the power of a court to hear/decide a case for the _____________ time Both Courts NC District, NC Superior US District Court & US Supreme Court Appellate the power of a court to hear/decide a case on _______________ Both Courts NC Superior, NC Appeals, NC Supreme, US Appeals, US Supreme

Types of Cases heard in the Federal & State Courts Federal Courts State Courts Both Courts - Crimes under statuses enacted by Congress. - Most cases involving federal laws or regulations (for ex: tax, Social Security, broadcasting, civil rights). - Matters involving interstate & international commerce, including airline & railroad regulation. - Admiralty cases. - Bankruptcy matters. - Disputes between states. - Crimes under state legislation. - State constitutional issues & cases involving state laws or regulations. - Family law issues. - Real property issues. - Most private contract disputes (except those resolved under bankruptcy law). - Most issues involving the regulation of trades & professions. - Most professional malpractice issues. - Crimes punishable under both federal & state law. - Federal constitutional issues. - Certain civil rights claims. - Class action cases. - Environmental regulations. - Certain disputes involving Federal law.

Additional Court Info Example Federal Courts State Courts Selection of Judges The Constitution states that Federal judges are to be _________________ by the President & confirmed by the _____________. Elected by the citizens of the state (Supreme and Appeals) Elected by the citizens of the district (Superior and District) Length of Terms All Federal judge terms are for _____________ District court judges serve 4 year terms. 3 higher state court judges serve 8 year terms (w/ unlimited terms – must retire at age 72 for 3 higher courts)