Let’s Review LAW!!!!!

Federal Court Jurisdiction US Supreme Court US Court of Appeals UD District Court

State Court Jurisdiction NC State Supreme Court NC Court of Appeals NC Superior Court NC District Court

Jurisdiction Most cases are heard at the state level NC District Court hears misdemeanors and civil cases under $10,000 NC Superior Court hears felonies and civil cases over $10,000 Magistrates hear most cases, including traffic cases and signing warrants Cases involving counterfeiting, espionage, and kidnapping are federal jurisdiction

Law Enforcement Jurisdiction FBI *Federal law enforcement * Largest jurisdiction * State law enforcement * Helps investigate rapes and murder in NC * Elected * deals with issues outside city limits *local law enforcement * Smallest jurisdiction, most officers SBI County Sheriff City Police

Jurisdiction a court’s authority to hear a case Original Jurisdiction: a court’s authority to hear a case first (NC District and Superior and US District Courts) Appellate Jurisdiction: a court’s authority to examine a case for mistakes or violations (NC Court of Appeals and US Court of Appeals) Can remand a case back to original jurisdiction to be retried A writ of certiatori can call a case to be heard at the Supreme Court Concurrent Jurisdiction: authority of 2 courts to hear the same case Exclusive Jurisdiction: authority of a court to be the only court to hear case (US Supreme Court to hear Constitutional issues)

Criminal Cases In a criminal case there are 2 sides, the prosecution and the defense Both try to present best case possible ADVERSARIAL NATURE OF OUR LEGAL SYSTEM The prosecution bears the burden of proof They must prove guilt beyond a reasonable doubt A jury must decide guilt or innocence Must be unanimous ( consensus) If not it is called a hung jury

Juries 2 Types of Juries Grand Jury—issue indictments Petit Jury– trial jury that determines guilt or innocence If a jury can not come up with a unanimous verdict it is considered hung and a mistrial is declared A prosecutor may offer a plea bargain to get a definite guilty verdict and punishment A defendant may want a plea bargain to get a lesser charge and a lesser sentence

Criminals If a person is convicted they must be punished Incarceration = prison Rehabilitation =fix their bad behavior Goal of the juvenile justice system Recidivism = criminals often become repeat defenders after being released

Types of Law A law has been broken Criminal Law A dispute between individuals (divorce or adoption) Civil Law An executive agency is involved (FDA recalls meds) Administrative Law Based on a written law, statute, or ordinance Statutory Law Deals with a Constitutional issue like freedom of speech Constitutional Law

Foundations of Law First written code of law Hammurabi’s Code Greek law that used death as a penalty for most crimes Draconian Code Codified Roman law Justinian Code Limited the British monarch Magna Carta Based on custom, past court decisions, and precedents English Common Law Established a representative democracy in America Virginia House of Burgesses Established a direct democracy in America Mayflower Compact Established the government of America US Constitution Guarantees the rights of individuals in America Bill of Rights

Can YOU Answer These? A man is accused of spying on his country. Which court would have original jurisdiction in this case? What was the first written code of law? Which type of law is an adoption? What is the goal of the juvenile justice system? 5. What is recidivism?

Let’s see if you were right… Federal District Court Hammurabi’s Code Civil Law Rehabilitation Criminals becoming repeat offenders

Now Can YOU Answer These? What is the fact that the prosecution and defense both try to present the best case possible? What is a hung jury? Which jurisdiction hears most court cases? Who hears most traffic cases and issues warrants? What is the burden of proof in a criminal case?

Did you get them right? Adversarial nature of the legal system When a jury can not reach a unanimous verdict State (district and superior) 9. Magistrate 10. Beyond a reasonable doubt

What About These? What calls a case to be heard by the Supreme Court? What is a plea bargain? When is a plea bargain used? What type of law is an ordinance? What codified Roman law?

Are YOU Going to Get a 3?...Let’s See! 11. Writ of certiatori 12. A defendant pleads guilty to a lesser charge to get a lesser sentence When a jury is hung Statutory law Justinian’s Code