types of courts unit a objective 2.01. 2 dual court system federal court system federal court system...

Types of CourtsTypes of Courts

Unit A Objective 2.01Unit A Objective 2.01

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Dual Court SystemDual Court System

Federal Court SystemFederal Court System

State Court SystemState Court System

http://www.youtube.com/user/WELCOMEtotheLAW#p/u/1/IOa2KI59RYs

StructureStructureFederal Federal

Derived from Derived from Article III of the Article III of the ConstitutionConstitutionMay handle May handle unresolved or unresolved or unsatisfying state unsatisfying state casescasesUS Supreme Court US Supreme Court can have final can have final review of all federal review of all federal casescases

StateStateDerived from the Derived from the Constitution and Constitution and laws of each statelaws of each stateHighest state court Highest state court can review cases of can review cases of dissatisfied partiesdissatisfied partiesOnly few state Only few state cases go to US cases go to US Supreme CourtSupreme Court

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http://www.youtube.com/watch?v=_dnp_01e4Qw

THE APPELLATE DIVISIONTHE APPELLATE DIVISIONSUPSUPREME COURT OF NORTH CAROLINA

COURT OF APPEALS

North Carolina Court SystemNorth Carolina Court System

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THE TRIAL COURTSTHE TRIAL COURTSTHE SUPERIOR COURT DIVISION

-CIVIL-CRIMINAL

THE DISTRICT COURT DIVISION-CIVIL-CRIMINAL-JUVENILE-MAGISTERIAL

Selection of JudgesSelection of Judges

FederalFederal Nominated by

the President and confirmed by the Senate

StateState Judges are Judges are

elected by the elected by the public or public or appointed by appointed by the governorthe governor

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Types of Cases HeardTypes of Cases Heard

FederalFederal

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.

StateState

Most criminal cases, probate (involving wills and estates),

Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc.

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Authority to hear a case and Authority to hear a case and make a decisionmake a decision

JurisdictionJurisdiction

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Federal JurisdictionFederal Jurisdiction

Actions in which the U.S. is a partyActions in which the U.S. is a party Cases that raise a federal questionCases that raise a federal question Diversity of Citizenship – Disputes that Diversity of Citizenship – Disputes that

exceeds $75,000 and involve persons of exceeds $75,000 and involve persons of different statesdifferent states

Admiralty, Patents, Copyrights, and Admiralty, Patents, Copyrights, and Bankruptcy CasesBankruptcy Cases

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US Supreme Court US Supreme Court Highest courtHighest court Has both Original and Appellate JurisdictionHas both Original and Appellate Jurisdiction

Original jurisdictionOriginal jurisdiction Ambassadors, public ministers, cases in which the Ambassadors, public ministers, cases in which the

state is a partystate is a party Appellate jurisdictionAppellate jurisdiction

Vote of four out of nine justicesVote of four out of nine justices

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US Court of AppealsUS Court of Appeals Appellate jurisdictionAppellate jurisdiction

Authority of court to review a decision of a Authority of court to review a decision of a lower court or administrative agencylower court or administrative agency

Appellate Courts have a panel of 3 judges Appellate Courts have a panel of 3 judges that are responsible for making a decision that are responsible for making a decision on the caseson the cases

Appellate courts decide whether the lower Appellate courts decide whether the lower courts relevant to the law in the case courts relevant to the law in the case

Hear Cases from the US District CourtHear Cases from the US District Court


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US District CourtsUS District Courts Original JurisdictionOriginal Jurisdiction

Power to hear the case in full for the first Power to hear the case in full for the first timetime

Both civil and criminal cases are heardBoth civil and criminal cases are heard Currently 94 District CourtsCurrently 94 District Courts


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Special US CourtsSpecial US Courts Jurisdiction over special casesJurisdiction over special cases

Suits by citizens against federal governmentSuits by citizens against federal government Suits concerning tax disagreements on imported Suits concerning tax disagreements on imported

goodsgoods Suits between taxpayers and IRSSuits between taxpayers and IRS


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Each state has its own systemEach state has its own system Local Trial CourtsLocal Trial Courts

Limited jurisdictionLimited jurisdiction Authority of a court to hear only one particular Authority of a court to hear only one particular

type of case, minor matters type of case, minor matters MisdemeanorsMisdemeanors Civil actions with small amounts of moneyCivil actions with small amounts of money Small claims of property damage Small claims of property damage Petty cash crimesPetty cash crimes Traffic, police, and municipal courtsTraffic, police, and municipal courts Juvenile and family disputesJuvenile and family disputes

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General Trial CourtsGeneral Trial Courts General jurisdictionGeneral jurisdiction

Authority of a court to hear a wide Authority of a court to hear a wide range of casesrange of cases

Types of courts Types of courts County CourtCounty Court Superior CourtSuperior Court Court of Common PleasCourt of Common Pleas Circuit CourtsCircuit Courts Criminal and Civil Cases CourtCriminal and Civil Cases Court


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Special CourtsSpecial Courts Limited jurisdictionLimited jurisdiction

Authority of a court to hear only one particular type Authority of a court to hear only one particular type of caseof case

Court Cases include:Court Cases include: Probate Cases – cases involving property of deceased Probate Cases – cases involving property of deceased

persons without a willpersons without a will Adoption CasesAdoption Cases Traffic CasesTraffic Cases Domestic Relations Cases – cases of abuse between family Domestic Relations Cases – cases of abuse between family

or household membersor household members Juvenile Cases – cases involving delinquent, unruly, Juvenile Cases – cases involving delinquent, unruly,

abused, or neglected children (Cases are heard in Juvenile abused, or neglected children (Cases are heard in Juvenile Courts)Courts)


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Civil Trial ProceduresCivil Trial Procedures

Individual files complaintIndividual files complaint Complaint – Legal document Complaint – Legal document

containing a short and plain containing a short and plain statement of the plaintiff’s claim statement of the plaintiff’s claim against defendant, first pleading filed against defendant, first pleading filed in civil casesin civil cases

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Civil Trial Civil Trial PleadingsPleadings

Plaintiff files complaintPlaintiff files complaint Clerk issues summonsClerk issues summons Defendant must answer within time Defendant must answer within time

limitlimit Answer is a formal written document Answer is a formal written document

admitting or denying complaintadmitting or denying complaint

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Methods of DiscoveryMethods of Discovery Bring out facts before a trialBring out facts before a trial Examples:Examples:

Deposition, interrogation, request for Deposition, interrogation, request for admissionadmission

Affidavit - documentary evidenceAffidavit - documentary evidence

Pretrial HearingPretrial Hearing Informal hearing to simplify issues Informal hearing to simplify issues

and discuss mattersand discuss matters


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Steps to a TrialSteps to a Trial Select a jurySelect a jury Opening statementsOpening statements

Plaintiff presents evidencePlaintiff presents evidence Real evidence is photographs, actual Real evidence is photographs, actual

objects, etc.objects, etc. Witnesses testifyWitnesses testify Failure to appear will result in a Failure to appear will result in a

contempt of court ordercontempt of court order

Defense presents evidenceDefense presents evidence


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Steps to a Trial (continued)Steps to a Trial (continued) Closing ArgumentsClosing Arguments

Same orderSame order Instructions to JuryInstructions to Jury

Statement made by the judgeStatement made by the judge Verdict Verdict Judgment Judgment Execution of JudgmentExecution of Judgment


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Criminal Trial ProceduresCriminal Trial Procedures

Arrest of DefendantArrest of Defendant Rights of DefendantRights of Defendant

Miranda - constitutional rightMiranda - constitutional right Bail - Lose money if you don’t appearBail - Lose money if you don’t appear

Search and SeizureSearch and Seizure Must have warrant or permissionMust have warrant or permission Allowed limited search (frisk)Allowed limited search (frisk) Police can search or impound property if Police can search or impound property if

they have reason to believe (probable they have reason to believe (probable cause) that something illegal is in the carcause) that something illegal is in the car

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Due Process of a Juvenile Due Process of a Juvenile

Held in a detention facilityHeld in a detention facility Separate from criminalsSeparate from criminals Trial by Judge (not jury)Trial by Judge (not jury) Name not released if under 16Name not released if under 16

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Court TermsCourt Terms Alternative Dispute Resolution - different tools Alternative Dispute Resolution - different tools

used by parties to help them settle their disputes used by parties to help them settle their disputes without having to go to court without having to go to court

Arrest – Action take when a person is deprived of Arrest – Action take when a person is deprived of his or her freedomhis or her freedom

Bail – Money or property that is left with the court Bail – Money or property that is left with the court to assure the court that the person will return to to assure the court that the person will return to stand a trial. Money is forfeited if person does not stand a trial. Money is forfeited if person does not appear in courtappear in court

Contempt of Court – An action that hinders the Contempt of Court – An action that hinders the administration of justice in the courtadministration of justice in the court

Diversity of Citizenship – When a resident in one Diversity of Citizenship – When a resident in one state sues a resident in another state for more state sues a resident in another state for more than $50,000than $50,000

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Ex Parte Injunction – An injunction issued by a judge Ex Parte Injunction – An injunction issued by a judge after hearing only one side of an argumentafter hearing only one side of an argument

Indictment – Written accusation issued by the grand Indictment – Written accusation issued by the grand jury charging the individual or individuals named in it jury charging the individual or individuals named in it with a certain crimewith a certain crime

Grand Jury – A jury of InquiryGrand Jury – A jury of Inquiry Precedent – When judge is required to follow an earlier Precedent – When judge is required to follow an earlier

court decision when deciding a case with similar court decision when deciding a case with similar circumstancescircumstances

Prosecutor – Party that accuses the person of a crimeProsecutor – Party that accuses the person of a crime Statutes – Laws enacted by state or federal Statutes – Laws enacted by state or federal

legislatureslegislatures Statue of Limitations – State laws setting time limit for Statue of Limitations – State laws setting time limit for

bringing a lawsuit bringing a lawsuit

Court TermsCourt Terms

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