1. Warm Up
Paul was caught speeding on Rea Rd last month. He has to go to court next week for his traffic ticket.
What type of law did he violate?
Sarah Miller owns a successful diner in Ballantyne. An elderly customer slipped on the floor breaking his leg. The customer sued Sarah in trial court and won $80,000 in damages.
Was Sarah the defendant in a civil or criminal trial?

2. State and Federal Court System
Civics 4.5 The United States has a Duel court System-Federal and state courts.

3. I. Federal Courts Creation of Federal Courts
No national court system under Articles of Confederation
Article III established Supreme Court but left lower federal courts to the Congress
Judiciary Act (1787) established federal district courts
1891, Congress created federal appeals courts and circuits, or districts they serve

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

5. Federal Court Jurisdiction (cont.)
Constitutional issues
Federal Laws for federal crimes (ex: kidnapping, tax evasion, bank robbery, etc)
disputes between states (supreme court)
citizens from different states
Federal government
foreign gov’ts and treaties
admiralty and maritime laws
US diplomats

6. II. Federal Courts US District Courts: Lower Federal Courts
District courts are the lowest federal courts where trials are held (civil and criminal)
94 district courts in parts of country, some courts specialized (international trade, federal claims)
All federal cases begin in district courts- original jurisdiction
exclusive jurisdiction- only federal courts can hear and decide cases
Bank robbing
Counterfeiting
Terrorism
Kidnapping

7. What do you see? Juries Witnesses
Juries hear evidence and pass verdict
Judges passes sentence
Defendant and Lawyers
All federal felonies start here
Original Jurisdiction: All Federal cases begin at the District Court Level.

8. US Court of Appeals
appeals courts- review decisions in lower courts- appellate jurisdiction
Organization- 12 US Courts jurisdiction over district courts over an area or circuit
Making a decision
No trials, just 3 or more judges review case and listen to arguments
Can uphold decision, reverse original decision, or remand (send back to be tried again) a case

9. Selection of Federal Judges
Appointed by President, confirmed by Senate
Federal Judges serve for life
Usually lawyers but no legal requirement
political support and agreement with the president important factors
Judges approach bench with judicial beliefs/interpretations.

10. Warm-Up
Part 1
Part 2
Complete Federal Court hierarchy
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11. III. US Supreme Court Jurisdiction and Powers
Original- conflicts b/w states
Appellate- chooses which cases it hears
3. “Court of last resort”
4. Judicial Review- review any local, state, or federal issue if it is constitutional

12. Procedures
select cases that involve constitutional or legal (not political) questions
writ of certiorari- asks a lower court to send the case to the Supreme Court for review
Accepted cases go on the docket, or calendar

13. Decision making
written arguments- a brief is a written document that explains one side’s opinion
oral arguments - 30 minutes to present case with questioning

14. Opinion writing One Chief Justice, 8 Associate justices vote
Majority opinion- views of the majority justices, has far reaching consequences
Concurring opinion- agrees with the majority but for a different reason
Dissenting opinion- opposes majority opinion

15. Which Court has jurisdiction in this case?
An appeal of $10 million lawsuit against a North Carolina company
A suit that holding terrorist suspects indefinitely without trial is unconstitutional
A dispute over an unfulfilled $7000 contract
An appeal of a capital punishment case in North Carolina
Petty vandalism
Bank theft
Grand larceny
An appeal of a counterfeiting case
A dispute between Virginia and North Carolina
Terrorism

16. I. NC’s Trial Courts - hear evidence and arguments of the parties in a case
District Courts
the judge hears the case and decides the verdict- there is no jury
ex: family law, traffic violations, mental hospitalization
civil cases less than $10,000

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

18. C. Judges are elected for each county Other Judicial Officers
Magistrates- issue search and arrest warrants
district attorney- represents the state in all criminal cases in district and superior courts
district public defender- state employee who represents low-income persons accused of crimes

19. II. NC’s Appellate Courts
NC Court of Appeals- hears most cases appealed from the state’s trial courts
Reviews trial court decisions
Reviews evidence & procedures of trial courts
Does not review death penalty case
NC Constitutional issues, go to NC Supreme Court
Sit in panels of 3, 15 Appeals judges total

20. III. NC Supreme Court A. NC Supreme Court highest court in the state
reviews cases of lower courts (Appellate & Trial courts)
interprets state constitution
voters elect chief justice and 6 associate judges
Decides NC Constitutional issues
Reviews death penalty sentencing
Judges are elected

21. Criminal vs. Civil Trials

22. Dual Judicial System Hierarchy
NC Supreme Court
NC Appeals Court
NC Trial Courts
*Superior
*District
U.S. Supreme Court
U.S. Appeals Courts
(Circuit Courts)
U.S. District Courts
(Trial)

23. Warm Up: Complete the diagram
____
US Court System

24. Working w/primary sources
What is a writ of certiorari?
Study the last two paragraphs. How do they demonstrate that Mr. Gideon was at a disadvantage in trying to defend himself against the state of Florida’s charges?
Why was the Supreme Court, ‘the court of last resort’ for Mr. Gideon?

25. Take a Gallery Walk For each of the 8 scenarios posted, DECIDE:
Criminal/civil?
NC or Federal court?
What level of court?
Explain how you came to your decisions