Warm-up What do you think is the difference between state and federal courts? How do you know if someone would be a good judge? What do you need to do to finish your paper for tomorrow?

Unit 3 -Inferior Courts and the NC Court System Inferior court : a court that is subordinate to and whose decisions are subject to review by the highest court in a judicial system (as of a state or country)  Superior Court: All felony criminal cases, civil cases involving more than $25,000 and misdemeanor and infraction appeals from District Court are tried in Superior Court. A jury of 12 hears the criminal cases. In the civil cases,juries are often waived.

Inferior State Courts Appellate Court – hear appeals cases. No actual trials. Superior Courts - hears more serious cases. There usually is a jury and a trial for criminal cases. District Courts - hears minor cases. There is usually a bench trial with no jury.

Inferior Courts Inferior Courts: a court of limited jurisdiction Jurisdiction: right to hear a case Exclusive: when a court is the only one allowed to hear a case Concurrent: when two/more courts have authority to hear a case

Reading and Questions

NC District Court Judges hear cases; NO JURY in district court Elected to 6 year terms Original jurisdiction Courts include civil, criminal, juvenile, and magistrate Criminal = cases involving misdemeanors and infractions Civil = disputes involving less than $25,000 Divorce, custody, child support

NC District Court Juvenile- delinquents under 16; or under 18 who are undisciplined, dependent, neglected or abused Magistrate- guilty pleas for minor misdemeanors (traffic violations, waivers of trial for worthless-check cases, etc.) and small claims up to $10,000 (including landlord eviction cases)

NC Superior Courts Judges and jury (mostly used in criminal cases) Cases involving felonies and civil disputes involving more than $25,000 Judges elected to 8 year terms Original jurisdiction *Trial division (district and superior) hears more than 3.2 million cases each year

NC Appellate Courts NC Court of Appeals NC Supreme Court Panel of 3 judges 15 judges total Judges elected to 8 year terms Appellate jurisdiction *Appellate courts- only decide questions of law, not fact Panel of 7 Judges; elected to 8 year terms Focus on claims of error—legal procedures or judicial interpretations of the law Original jurisdiction Appellate jurisdiction

Answer: Clerk of Court You’ve just turned 18 and decided you want to get married to your high school sweetheart. However, you don’t have the money to pay for a big wedding. Who can marry you outside of a church official?

Answer: District Court Judge After a year, you’ve realized you made a big mistake in marrying your high school sweetheart. You’ve decided to get a divorce. Who will you appear before to regain your “freedom?”

(Answer: District Court Judge or Traffic Court) Now that you are newly divorced, you’ve started dating again. You are running late to pick up your date and get pulled over for going 58 in a 35 mph zone. Who will you appear before to take care of your speeding ticket?

(Answer: Superior Court Judge) You haven’t been having a lot of luck with your recent dates, and you’ve decided to attract someone really classy you need a fancy car. Since you are broke, you make the bad decision to steal your neighbor’s Porsche! You are caught and arrested. Who will hear your case?

(Answer: Clerk of Court or a Probate Court) After you serve your sentence for stealing the Porsche, you are even more broke than you were before. You find out that your great‐great‐great‐uncle passed away while you were in jail, and you are hoping he may have left you some money. Which court official deals with wills and estates?

Superior Courts District Courts

Inferior Federal Courts District Courts: general courts of the federal court system. handle trials within the federal court system – both civil and criminal. There isn’t usually a trial with a jury, but rather a bench trial. Federal Court of Appeals hears appeals from specialized trial courts and from district courts in specialized cases (ex. patents) Constitutional Courts: deals primarily with constitutional law Special Courts: jurisdiction is limited to a field of law. Ex. Drug court, family court, traffic court, etc.

US District Courts 94 district courts (at least one per state) Judge and jury Resolve disputes by determining the facts and applying legal principles to determine who is right Special Trial courts: Court of International Trade US Court of Federal Claims

Inferior Courts - Military Docket: list of pending court cases/ trials Courts martial: a judicial court for trying members of the armed services accused of offenses against military law. Civilian tribunal: a court operating as part of the judicial branch, entirely separate from the military establishment. Summarize the main purpose of the federal district courts and the federal court of appeals. What does it mean to seek redress in court? Who created the special courts? When would you use a Courts Martial v. a Civilian Tribunal? What is the purpose of the naturalization process? What is the main difference between a citizen and an alien?

→ Video with PBS on Court System https://www. youtube. com/watch