1. The Federal Court System
Review
Three levels
District, Appeals, Supreme

2. THE ESTABLISHMENT OF FEDERAL COURTS
THE SUPREME COURT IS CREATED BY THE CONSTITUTION – Article III
ALL OTHER FEDERAL COURTS WERE CREATED BY JUDICIARY ACTS OF CONGRESS (GIVEN THIS POWER BY THE CONSTITUTION)
JUDICIARY ACT 1789 CREATED THE DISTRICT COURTS AND APPEALS COURTS
JUDICIARY ACT 1891 CREATED THE CIRCUITS FOR THE APPEALS COURTS

3. FEDERAL COURT EXCLUSIVE JURISDICTION
JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE (Federal Cases)
THE CONSTITUTION ISSUES
VIOLATIONS THE FEDERAL LAW
DISPUTES BETWEEN STATES
DISPUTES CITIZENS FROM DIFFERENT STATES
FEDERAL GOVERNMENT CONTROVERSIES
FOREIGN GOVERNMENT AND TREATIES
ADMIRALTY & MARITIME LAWS
U.S. DIPLOMATS

4. OTHER FORMS OF JURISDICTION
EXCLUSIVE JURISDICTION: RIGHT TO HEAR AND DECIDE THE CASE ONLY BY FEDERAL COURT
CONCURRENT JURISDICTION: RIGHT OF BOTH STATE AND NATIONAL COURTS TO HEAR THE CASE
LOWER FEDERAL COURTS
ORIGINAL JURISDICTION: RIGHT TO HEAR AND DECIDE CASES FIRST (DISTRICT COURTS)
APPELLATE JURISDICTION: RIGHT TO HEAR AND DECIDE A CASE ONLY ON APPEAL FROM A LOWER COURT: (APPEALS COURTS OR CIRCUIT)

5. U.S. District Courts Lowest level of federal courts
The majority of federal cases begin at this level
94 District courts, at least 1 in each state
Responsible for determining the facts of the case
Only federal court in which witnesses testify and juries hear cases and reach verdicts

6. U.S. Courts of Appeals Second level of federal courts
13 Federal Appeals courts
Appeals courts reviews decisions made by a lower court when petitioned
Cases are appealed due to error, new evidence, or unfairness

7. U.S. Court of Appeals (con’t)
A panel of 3 or more judges review the cases and listens to arguments from lawyers, then makes a decision
Possible Decisions: Uphold the original decision, reverse the original decision, or remand the case (send it back to a lower court)

8. Federal Court Officials
Judges: appointed by the president with Senate approval. Serve a lifetime term. Chief decision makers in the judicial branch.
Magistrates: issue court orders, issue search warrants, preliminary hearings, determine if case should go to court.
U.S. attorney: appointed by President for 4 year terms with Senate approval. Government lawyers who prosecute accused persons for breaking federal laws.
Marshals: make arrests, collect fines, protect jurors, serve legal papers

9. Supreme Court: Jurisdiction
Supreme Court has original jurisdiction in 2 instances
1. cases involving diplomats from foreign countries
2. cases in which a state is involved

10. Justices of the Supreme Court
8 associate justices lead by a chief justice (9 total)
Appointed by the president with Senate approval
Appointed for a life term
No official requirements; all have been lawyers

11. Selection of Justices Can be remove by impeachment FBI investigates
Senate approves 2/3 vote
President’s legacy: pick justices and judges that are from their own political party & have same ideology (idea)

12. Supreme Court Powers
Judicial Review: decide if a law or action by government officials is allowed by the Constitution
Judicial Review was established in the court case Marbury v. Madison
Interpreting Law: decide what law really means

13. Powers of the Court Marbury vs. Madison Supreme Court has final ruling
Judicial Review
Power to say federal, state, local law, government action against Constitution
John Marshall made decision that created Judicial Review Power:
Constitution supreme law to land
Federal law supreme to state
Courts duty uphold the Constitution

14. Supreme Court Case Docket
Court Docket (calendar)
Court chooses what cases it will hear & not hear
Less than 200 per year
Final authority in all cases
When court refuses to review a case from a lower court, the lower courts decision stands (upheld)

15. Interpreting the Constitution
Supreme court decides what Congress meant by vague laws it often makes
5 year prison violent crime
Use of gun: What does this mean to you?
Court meaning:
person must show, fire, or say I have a gun

16. Deciding what cases to hear
Year begins October and ends in June/July of next year
Each month is divided into
2 weeks listening to oral arguments
2 weeks in recess (do all work)
Write opinions & study new cases
During summer break
Study applications for review, catch up on other legal work

17. Steps in Court’s Decision Activity
Written Arguments: Lawyer prepares briefs A
Justices ask questions of the lawyers a
Copies printed and opinions posted on the web

18. Answers 1.Written Arguments: lawyers prepares briefs.
2. justices study briefs
3.Oral arguments: lawyers for each side argue the case
4. Justices ask questions of the lawyers
5. Conference: Justices make decisions about cases (majority of 5 required)
6. Opinion Writing: after decision reached justices write an opinion
7. Announcement
8. Copies printed and opinions posted on the web.

19. NC Judicial Branch
The North Carolina Judicial Branch interprets state laws and executive orders. NC has two kinds of trial courts
1. Superior Court- handle civil cases more than $10,000 and felonies
2. District Court – juvenile law, divorce and other family law, mental hospital commitments, traffic violations civil cases, or disputes involving less than $10,000, misdemeanors (minor crimes)

20. TYPES OF COURTS NC JUDICIAL BRANCH SUPREME COURT NC COURT OF APPEALS
SUPERIOR COURT
DISTRICT COURTS

21. JUDICIAL BRANCH NC SUPREME COURT
1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8 YEAR TERMS
1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES

22. North Carolina Supreme Court
The highest court in NC
NC Supreme Court reviews cases appealed from the NC Appeals Court, if there is new evidence, unfair trial, or due process not followed.
1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES
There is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.

23. JUDICIAL BRANCH COURT OF APPEALS
15 JUDGES – PANELS OF 3 THAT CIRCULATES
8 YEAR TERMS
HEARS APPEALS FROM ALL DISTRICT COURTS
HEARS ALL APPEALS FROM SUPERIOR BUT 1ST DEGREE MURDERERS WITH DEATH PENALTY
APPEALS FROM AGENCIES

24. North Carolina Appellate Courts
A defendant can appeal his or her case if their rights are violated, new evidence comes to light or unfair trial.
Appellate court judges review the case and a panel of 3 judges will decide to either uphold the decision, overturn the decision or remand the case to a general trial court. There is no jury.

25. JUDICIAL BRANCH SUPERIOR COURTS 8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT
8 YEAR TERMS
HEAR NEW JURY TRIALS FOR CONVICTED MISDEMEANORS
CIVIL CASES OVER $10,000
FELONIES

26. NC General Trials Courts
Superior Court: cases involving serious crimes (felonies) or civil cases involving more than $10,000.
There will be a jury of your peers to decide the case.
The judge keeps order, sentences the defendant if guilty, and can overturn a verdict reached by the jury if he or she feels the jury has not been impartial.

27. JUDICIAL DISTRICT COURTS 39 DISTRICTS AT LEAST 1 JUDGE/ DISTRICT
HAS A JURY TRIAL
HEARS MISDEMEANORS
CIVIL CASES UNDER $10,000
DOMESTIC RELATIONS CASES
FAMILY COURT, JUVENILE 16 & UNDER

28. NC General Trials Courts (con)
District Courts
criminal district court-misdemeanors
civil cases involving less than 10,000
juvenile court
magisterial -traffic tickets, fines, etc
There is no jury for district courts only a judge.

29. Landmark Court Decisions pg 392
Bayard v. Singleton
State v. Mann
The Leandro Case