1. Types of Courts
Unit A Objective 2.01

2. Federal Court System State Court System Dual Court System

3. Structure Federal State Derived from Article III of the Constitution
May handle unresolved or unsatisfying state cases
US Supreme Court can have final review of all federal cases
State
Derived from the Constitution and laws of each state
Highest state court can review cases of dissatisfied parties
Only few state cases go to US Supreme Court

4. There are 94 U. S. District Courts in the U. S. and U. S. territories
There are 94 U.S. District Courts in the U.S. and U.S. territories. Each district includes a United States bankruptcy court. Some states, like Alaska have only 1 District Court for the whole state. Others, like California, have several.

5. North Carolina Court System
The Appellate Division Supreme Court of North Carolina Court of Appeals
The Trial Courts
The Superior Court Division
-Civil
-criminal
The district Court Division
-civil
-juvenile -Magisterial

6. Selection of Judges Federal State
Nominated by the President and confirmed by the Senate
Judges are elected by the public or appointed by the governor

7. Types of Cases Heard Federal State
Cases that deal with the constitutionality of a law;
Cases involving the laws and treaties of the U.S.;
Ambassadors and public ministers;
Disputes between two or more states;
Admiralty law, and
Bankruptcy.
Most criminal cases, probate (involving wills and estates),
Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc.

8. Authority to hear a case and make a decision
Jurisdiction
Authority to hear a case and make a decision

9. Federal Jurisdiction Actions in which the U.S. is a party
Cases that raise a federal question
Diversity of Citizenship – Disputes that exceeds $75,000 and involve persons of different states
Admiralty, Patents, Copyrights, and Bankruptcy Cases

10. Federal Court System US Supreme Court Highest court
Has both Original and Appellate Jurisdiction
Original jurisdiction
Ambassadors, public ministers, cases in which the state is a party
Appellate jurisdiction
Vote of four out of nine justices

11. Federal Court System US Court of Appeals Appellate jurisdiction
Authority of court to review a decision of a lower court or administrative agency
Appellate Courts have a panel of 3 judges that are responsible for making a decision on the cases
Appellate courts decide whether the lower courts relevant to the law in the case
Hear Cases from the US District Court

12. Federal Court System US District Courts Original Jurisdiction
Power to hear the case in full for the first time
Both civil and criminal cases are heard
Currently 94 District Courts

13. Federal Court System Special US Courts Jurisdiction over special cases
Suits by citizens against federal government
Suits concerning tax disagreements on imported goods
Suits between taxpayers and IRS

14. State Court System Each state has its own system Local Trial Courts
Limited jurisdiction
Authority of a court to hear only one particular type of case, minor matters
Misdemeanors
Civil actions with small amounts of money
Small claims of property damage
Petty cash crimes
Traffic, police, and municipal courts
Juvenile and family disputes

15. State Court System General Trial Courts General jurisdiction
Authority of a court to hear a wide range of cases
Types of courts
County Court
Superior Court
Court of Common Pleas
Circuit Courts
Criminal and Civil Cases Court

16. State Court System Special Courts Limited jurisdiction
Authority of a court to hear only one particular type of case
Court Cases include:
Probate Cases – cases involving property of deceased persons without a will
Adoption Cases
Traffic Cases
Domestic Relations Cases – cases of abuse between family or household members
Juvenile Cases – cases involving delinquent, unruly, abused, or neglected children (Cases are heard in Juvenile Courts)

17. Civil Trial Procedures
Individual files complaint
Complaint – Legal document containing a short and plain statement of the plaintiff’s claim against defendant, first pleading filed in civil cases

18. Civil Trial Procedures
Pleadings
Plaintiff files complaint
Clerk issues summons
Defendant must answer within time limit
Answer is a formal written document admitting or denying complaint

19. Civil Trial Procedures
Methods of Discovery
Bring out facts before a trial
Examples:
Deposition, interrogation, request for admission
Affidavit - documentary evidence
Pretrial Hearing
Informal hearing to simplify issues and discuss matters

20. Civil Trial Procedures
Steps to a Trial
Select a jury
Opening statements
Plaintiff presents evidence
Real evidence is photographs, actual objects, etc.
Witnesses testify
Failure to appear will result in a contempt of court order
Defense presents evidence

21. Civil Trial Procedures
Steps to a Trial (continued)
Closing Arguments
Same order
Instructions to Jury
Statement made by the judge
Verdict
Judgment
Execution of Judgment

22. Criminal Trial Procedures
Arrest of Defendant
Rights of Defendant
Miranda - constitutional right
Bail - Lose money if you don’t appear
Search and Seizure
Must have warrant or permission
Allowed limited search (frisk)
Police can search or impound property if they have reason to believe (probable cause) that something illegal is in the car

23. Due Process of a Juvenile
Held in a detention facility
Separate from criminals
Trial by Judge (not jury)
Name not released if under 16

24. Court Terms
Alternative Dispute Resolution - different tools used by parties to help them settle their disputes without having to go to court
Arrest – Action take when a person is deprived of his or her freedom
Bail – Money or property that is left with the court to assure the court that the person will return to stand a trial. Money is forfeited if person does not appear in court
Contempt of Court – An action that hinders the administration of justice in the court
Diversity of Citizenship – When a resident in one state sues a resident in another state for more than $50,000

25. Court Terms
Ex Parte Injunction – An injunction issued by a judge after hearing only one side of an argument
Indictment – Written accusation issued by the grand jury charging the individual or individuals named in it with a certain crime
Grand Jury – A jury of Inquiry
Precedent – When judge is required to follow an earlier court decision when deciding a case with similar circumstances
Prosecutor – Party that accuses the person of a crime
Statutes – Laws enacted by state or federal legislatures
Statue of Limitations – State laws setting time limit for bringing a lawsuit