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North Carolina State Government The Judicial Branch Chapter 13 Section 3.

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1 North Carolina State Government The Judicial Branch Chapter 13 Section 3

2 North Carolina’s Court System Types of Trial Courts ▫Hear evidence and arguments and deliver a decision ▫District and Superior Courts District Courts ▫Civil Cases  Juvenile law, divorce, traffic violations, and disputes that involve less than $10,000 (misdemeanor)

3 North Carolina’s Court System Superior Courts ▫Civil Cases involving more than $10,000 ▫Most involve jury trials ▫If the defendant is found guilty of a misdemeanor they can request a new trial by the Superior Court

4 North Carolina’s Court System Judicial Officers ▫Clerk of Superior Court  Establish validity of wills, conduct sale of property to pay an owner’s debts ▫Magistrate  Issue search warrant and arrest warrants ▫District Attorney  Represents the state in all criminal cases

5 Appellate Courts Hear disputes about whether the decision of a trial court should be overturned The decision of the states highest court on all questions of state law are FINAL unless overturned by the US Supreme Court

6 Appellate Courts North Carolina Court of Appeals ▫Voters elect 15 appeals court judges ▫Hear cases in groups of three called Panels North Carolina Supreme Court ▫Interprets the state’s constitution and laws ▫7 Justices ▫Supervises all the other courts in North Carolina

7 Landmark Court Decisions Bayard vs. Singleton (1787) ▫During the Revolutionary war Bayard’s family property was taken by the United States and sold to Singleton ▫North Carolina appeals court ruled in Bayard’s favor saying the Confiscation Act was illegal ▫This was the first time a state court ruled a state law was unconstitutional

8 Landmark Court Decisions State vs. Mann (1830) ▫John Mann was arrested for beating and wounding an enslaved African American ▫Chowan County Court convicted Mann of Battery ▫NC Supreme Court overturned the decision  Slaveholders could not be prosecuted for attacking the enslaved ▫Outcome: Defended the legality of slavery

9 Landmark Court Decisions The Leandro Case (1994) ▫People have a right to education and the state must maintain this right ▫Five NC Counties sued saying the state was spending less per pupil than in other counties ▫State ruled that the State Constitution does not require equal funding of education ▫Hoke vs. State (2004)  At-risk children require more resources, time, and intervention in order to learn

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