1. Process of Law

2. Trial Courts District Courts Larger Counties are single districts
Smaller counties grouped together
No jury
Involves juvenile law, divorce/family, mental hospital commitment, traffic court, civil cases, misdemeanors, initial hearings for felonies

3. Trail Courts Superior Courts
Civil cases more than 10,000 dollars, felonies
Involve jury trials
Misdemeanors can be moved to superior court if they ask for it(NC constitution guarantees a jury if requested.)
300,000 cases a year

4. Judicial Districts 8 judicial divisions
each with several superior court districts
Superior Court Judges elected for 8 year terms
Travel in counties
Governor appoints 15 judges

5. Other Judicial Officials
Clerk of Superior Court
Establish the validity of wills and sale of property to pay owners debts(foreclosure)
Magistrate
Issue warrants
Appointed by judges

6. Other Judicial Officials
District Attorney
Elected in each district
Represent state in Criminal Cases
Public Defenders
Provide defense for the accused who cannot afford it

7. Hears cases that have been appealed
15 appellate judges
work in groups of 3
2,000 cases a year
Elected to 8 year terms

8. Reviews cases that a lower court has already decided
Interprets state constitution and laws
Panel of 7 judges known as justices
Voters elect chief justice and 6 associate justices to 8 year terms

9. Decide which cases should be appealed
Hears all cases involving the death penalty
Hears about 600 cases a year

10. Federal Courts

11. In charge of hearing cases first
District Courts
In charge of hearing cases first
Can handle civil or Criminal law

12. Appellate Circuit Courts
Panel of 3 judges
Review the case preceding’s to see if the trail was fair
Do not review the evidence
Write an opinion on the courts decision.

13. Establish the constitutionality of the laws
Supreme Court
9 justices
Establish the constitutionality of the laws

14. Process of
LAW

15. Process of Courts (Civil)
Dispute
Litigation between parties because of disagreement
Complaint Filed
Plaintiff files a legal complaint in a civil case against defendant

16. Process of Courts (Civil)
Defendant
Ignores and receives judgment
Motion to dismiss
File answer to complaint

17. Process of Courts (Civil)
Discovery
Both sides talk and get information from each other

18. Process of Courts (Civil)
Ask for summary judgment or avoid trial
Arbitration – judgment outside of court
Summary Judgment – judgment outside court with no dispute

19. Process of Courts (Civil)
Trial
Jury selection
Opening Statement – plaintiff
Response – defendant
Rebuttals
Closing arguments

20. Process of Courts (Civil)
Appeals
Can appeal to higher court
Do not take new evidence

21. Process of Courts (Criminal)
Crime committed
Crime was committed
Investigation has finished
Prosecution
Prosecution brings charges
accused processed
Finger prints taken
Record created

22. Process of Courts (Criminal)
Charging the accused
The charges are formally brought
The accused becomes the defendant

23. Process of Courts (Criminal)
Indictment
Prosecution presents evidence
Grand Jury decides if there is enough evidence to indict

24. Process of Courts (Criminal)
Plea
Defendant enters plea of Guilty or Not Guilty
Defendants can receive a lesser sentence through a “Plea Bargain”

25. Process of Courts (Criminal)
Trial
both sides present arguments
Same process as civil cases
Prosecution must present evidence strong enough to convict
Must be “beyond a reasonable doubt”

26. Process of Courts (Criminal)
Appeals
Appeal to higher court
Review procedure
No new evidence