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 Article III of the Constitution allows for the Federal Court System  The main job is to interpret the law.  The goal of the court system: Equal.

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Presentation on theme: " Article III of the Constitution allows for the Federal Court System  The main job is to interpret the law.  The goal of the court system: Equal."— Presentation transcript:

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3  Article III of the Constitution allows for the Federal Court System  The main job is to interpret the law.  The goal of the court system: Equal justice under law ( this is written on all federal court systems )

4  The Court Hierarchy  1. The U.S. Supreme Court (Appellate Jurisdiction)  2. The U.S. Court of Appeals (Appellate Jurisdiction)  3. The U.S. District Court (Original/Jury Trial)

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6  9 Justices (including 1 chief justice)  Oral hearing (1 hour)  End result is a decision that will be placed in an opinion.  All decisions are final: Only the Supreme Court through another case can over turn the previous case.

7  The Constitution of the United States  The Supreme Courts Main job is to interpret the laws (Judicial Review). They must use the Constitution not their biases.

8  Hierarchy Continued  4. NC Supreme Court (Appellate Jurisdiction)  5. NC Court of Appeals (Appellate Jurisdiction)  6. NC Superior Court (original/Jury Trial)  7. NC District Courts (Original/ No Jury Trial)

9 City County State Federal

10  Criminal Process- To find justice for criminal activity  Civil Process- To settle disputes between people v people and government vs people.  Remember there is a person who is suing God for the Catastrophic weather pattern.

11  Jurisdiction- Who has the right to hear which case? With so many court systems and courts there is a clear definition for each type of court.  Exclusive Jurisdiction-Only 1 court system has jurisdiction. ( Federal or State )  Concurrent Jurisdiction- State and federal share jurisdiction on the case ( sniper )

12  Suits involving the Federal Government ( civil )  Cases involving Foreign Governments and treaties.  Cases on Admiralty and Maritime Laws  Cases involving U.S. Diplomats  Anything that happens on federal property is Federal ( even if state crime )

13  Cases involving the Constitution: All the court cases we have gone over.  Violations of Federal Law: Kidnapping, counterfeiting, tax evasion  Controversies between states: Virginia and NC concerning Lake Gaston  People/Parties/Companies from different states.

14  Remember the Federalist and Anti-Federalist.  If it is not from the two previous slides it is State Jurisdiction.

15  Once it is decided whether the state or federal government has jurisdiction then we have decide which court.  Original Jurisdiction- The right to hear the case the 1 st time.  Appellate Jurisdiction: The right to hear appeals.

16  Verdict- Handed down by a jury (guilty, innocent, or hung)  Decision- Done by a panel of judges in an appeal.  Opinion- Written by a Supreme Court Justice  Judge (trial court or appellate court)  Justice (US Supreme Court or NC SC)

17  Jury Trials (Only on the first time the case is heard)  Appeal- A defendant appeals his case to be heard by another court: (This is done by a panel of judges in the Court of Appeals and the Supreme Court.)

18  How many US District Courts are there? Page 196  What types of cases do they handle? Page 196  What type of jurisdiction does the District court have? Page 196  Who decides the trials?

19  How are Judges selected? How long are their terms of office?  Describe the jobs of the following people:  U.S. Magistrate  U.S. Attorney  U.S. Marshall

20  How many US District Courts are there? 94 ( at least 1 per state )  What types of cases do they handle? Any criminal trial or civil trial that is based on the 8 federal jurisdictions  What type of jurisdiction does the District court have? Original Jurisdiction  Who decides the court cases? Only Jury trial in the federal system

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22  4 th circuit

23  How are Judges selected? How long are their terms of office?  Describe the jobs of the following people:  U.S. Magistrate  U.S. Attorney  U.S. Marshall

24  How many Court of Appeals are there?  What type of jurisdiction does the Court of Appeals have?  Does it have a jury trial?  How many judges here the case?

25  What are the two trial courts in North Carolina?  District court-  Where are these courts?  Who hears and decides the cases?  What type of civil suits does this court here?  What type of criminal cases does this court here?  How are the judges selected?  What type of Jurisdiction?

26  Superior Courts  Where are the Superior Courts  Who hears and decides the cases?  What type of civil suits does this court here?  What type of criminal cases does this court here?  How are the judges selected?  What type of jurisdiction?

27  Clerk of Court  What is the job of the Clerk?  How are they selected?  Magistrate  What is the job of the Clerk?  How are they selected?  NC District Attorney  What is the job of the Clerk?  How are they selected?

28  Where are the Court of Appeals  Who hears and decides the cases?  What type cases do they have  How are the judges selected?  What type of jurisdiction?

29  The NC Supreme Court  Where is the NC Supreme Court  Who hears and decides the cases?  What type cases do they hear?  How are the judges selected?  What type of jurisdiction?

30  1 court (Raleigh)  Judges  7 Elected Judges

31  Appellate Jurisdiction

32  Major cases that involve major issues in the NC.  All cases come from NC Court of Appeals  Must hear all Capital Murder Cases

33  Overturn the lower court decision  Uphold the lower court decision  Remand- Order a new trial

34  Many through out NC  Judges  Panel of 3 judges

35  Appellate Jurisdiction

36  Hear cases from NC District Court  Hear cases from NC Superior Court  On Merit

37  Overturn the lower court decision  Uphold the lower court decision  Remand- Order a new trial

38  One in every county seat (100)  Judges  Judge

39  Original Jurisdiction

40  Hear Civil Cases above $10,000.  Criminal Cases (Felonies some misdemeanors).  Only NC Court with a Jury trial

41  Guilty  Not Guilty (Acquitted)  Mistrial  Hung Jury

42  One in every county seat (100)  Judges  1 Judge

43  Original Jurisdiction

44  Hear Civil Cases under $10,000.  Criminal Cases (Traffic, Minor Crimes, Misdemeanors).  Judge makes decisions and punishment

45  Guilty  Not Guilty (Acquitted)  Mistrial  Hung Jury


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