The US and NC Court System Overview with

The US and NC Court System Overview with Worksheet

Jurisdiction City County State Federal

What are the duties of the judicial branch? Interpreting laws-what laws apply to certain situations Settling legal disputes Punishing violators of the law Ensure the accused have due process of law Protect individual rights

Role of the Judicial Branch 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.

Types of Jurisdictions 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 )

Federal Jurisdiction 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 )

Federal Jurisdiction 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 states. from different

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

Types of Jurisdictions 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.

US Supreme Court 1 court (Washington) Justices 9 Justices Chief Justice

Supreme Court Jurisdiction 99% Appellate Jurisdiction 1 % Original Jurisdiction

What type of cases does the Supreme court here? Major cases that involve major issues in the US. Will only take cases that deal with the majority. All cases come from US Court of Appeals or State Supreme Court.

What type of decisions does the US Supreme Court hand down? Decision (must be majority) SC opinion- 1 judge writes why the Supreme Court voted that way. Concurring Opinion (optional)justice writes because he agreed with the decision but for a different reason. Dissenting Opinion-Written by someone who voted against the decision.

US Court of Appeals 12 in US Judges Panel of Judges (3 -5)

Court of Appeals Jurisdiction Appellate Jurisdiction

What type of cases does the Court of Appeals hear? They will look at all appeals that have merit. They try to make sure Justice is served

What type of decisions does the US Court of Appeals hand down? Overturn the lower court decision Uphold the lower court decision Remand- Order a new trial

US District Court 92 (Raleigh is closest) 1 Judge Jury (Petit Jury)

US District Court Jurisdiction Original Jurisdiction

What type of cases does the US District Court here? Civil Only and Criminal jury trial in United States Court System

What type of decisions does the US District Court hand down? Guilty Not Guilty (Acquitted) Mistrial Hung Jury

NC Supreme Court 1 court (Raleigh) Judges 7 Elected Judges

Supreme Court Jurisdiction Appellate Jurisdiction

What type of cases does the NC Supreme court here? Major cases that involve major issues in the NC. All cases come from NC Court of Appeals Must hear all Capital Murder Cases

What type of decisions does the NC Supreme Court hand down? Overturn the lower court decision Uphold the lower court decision Remand- Order a new trial

NC Court of Appeals Many through out NC Judges Panel of 3 judges

NC Court of Appeals Jurisdiction Appellate Jurisdiction

What type of cases does the NC Court of Appeals here? Hear cases from NC District Court (is the only appeal for district court Hear On cases from NC Superior Court Merit

What type of decisions does the NC Court of Appeals hand down? Overturn the lower court decision Uphold the lower court decision Remand- Order a new trial

NC Superior Court One in every county seat (100) Judges Judge

Superior Court Jurisdiction Original Jurisdiction/Appellate in some cases Hardy case) (panthers spousal abuse

What type of cases does the Superior here? Hear Civil Cases above $10, 000. Criminal Cases (Felonies some misdemeanors). Only NC Court with a Jury trial

What type of decisions does the NC Superior Court hand down? Guilty Not Guilty (Acquitted) Mistrial Hung Jury

NC District One in every county seat (100) Judges 1 Judge

NC District Jurisdiction Original Jurisdiction

What type of cases does the NC District Court here? Hear Civil Cases under $10, 000. Criminal Cases (Traffic, Minor Crimes, Misdemeanors). Judge makes decisions and punishment

What type of decisions does the NC District Court hand down? Guilty Not Guilty (Acquitted) Mistrial Hung Jury

Mc. Culloch vs. Maryland d Implied powers Unites States Government opened the first Federal Bank of the US. (Alexander Hamilton) It Failed They opened up the 2 nd Federal Bank One chain (think Wachovia) was in Maryland started to tax the US Bank for each transaction. ( The only bank was the Bank of Maryland so there was a competition problem)

Mc. Culloch vs. Maryland d Mc. Culloch (Manager of the US) Bank Sued Maryland said that the US Federal Bank because it was unconstitutional. (not one of their expressed powers) Why was the US Bank allowed under the implied power (also necessary and proper clause)

Gibbons vs. Ogden Federalism (power split between state and local) A body of water between NY and NJ. The state of NY gave Ogden exclusive right to navigate the water. The United States had given gibbons exclusive right to navigate the same water We had a court battle Who won?

Gibbons Won Federalism give who the right to make decisions when the water is connected between the states? Federalism works?