Process of Law

Trial Courts District Courts Larger Counties are single districts Smaller counties grouped together No jury Involves juvenile law, divorce/family, mental hospital commitment, traffic court, civil cases, misdemeanors, initial hearings for felonies

Trail Courts Superior Courts Civil cases more than 10,000 dollars, felonies Involve jury trials Misdemeanors can be moved to superior court if they ask for it(NC constitution guarantees a jury if requested.) 300,000 cases a year

Judicial Districts 8 judicial divisions each with several superior court districts Superior Court Judges elected for 8 year terms Travel in counties Governor appoints 15 judges

Other Judicial Officials Clerk of Superior Court Establish the validity of wills and sale of property to pay owners debts(foreclosure) Magistrate Issue warrants Appointed by judges

Other Judicial Officials District Attorney Elected in each district Represent state in Criminal Cases Public Defenders Provide defense for the accused who cannot afford it

Hears cases that have been appealed 15 appellate judges work in groups of 3 2,000 cases a year Elected to 8 year terms

Reviews cases that a lower court has already decided Interprets state constitution and laws Panel of 7 judges known as justices Voters elect chief justice and 6 associate justices to 8 year terms

Decide which cases should be appealed Hears all cases involving the death penalty Hears about 600 cases a year

Federal Courts

In charge of hearing cases first District Courts In charge of hearing cases first Can handle civil or Criminal law

Appellate Circuit Courts Panel of 3 judges Review the case preceding’s to see if the trail was fair Do not review the evidence Write an opinion on the courts decision.

Establish the constitutionality of the laws Supreme Court 9 justices Establish the constitutionality of the laws

Process of LAW

Process of Courts (Civil) Dispute Litigation between parties because of disagreement Complaint Filed Plaintiff files a legal complaint in a civil case against defendant

Process of Courts (Civil) Defendant Ignores and receives judgment Motion to dismiss File answer to complaint

Process of Courts (Civil) Discovery Both sides talk and get information from each other

Process of Courts (Civil) Ask for summary judgment or avoid trial Arbitration – judgment outside of court Summary Judgment – judgment outside court with no dispute

Process of Courts (Civil) Trial Jury selection Opening Statement – plaintiff Response – defendant Rebuttals Closing arguments

Process of Courts (Civil) Appeals Can appeal to higher court Do not take new evidence

Process of Courts (Criminal) Crime committed Crime was committed Investigation has finished Prosecution Prosecution brings charges accused processed Finger prints taken Record created

Process of Courts (Criminal) Charging the accused The charges are formally brought The accused becomes the defendant

Process of Courts (Criminal) Indictment Prosecution presents evidence Grand Jury decides if there is enough evidence to indict

Process of Courts (Criminal) Plea Defendant enters plea of Guilty or Not Guilty Defendants can receive a lesser sentence through a “Plea Bargain”

Process of Courts (Criminal) Trial both sides present arguments Same process as civil cases Prosecution must present evidence strong enough to convict Must be “beyond a reasonable doubt”

Process of Courts (Criminal) Appeals Appeal to higher court Review procedure No new evidence