North Carolina’s Judicial Branch
Basic Structure
District Courts 4 categories: civil, criminal, juvenile and magistrate 4 categories: civil, criminal, juvenile and magistrate Sit in the county seat of each county Sit in the county seat of each county Hear criminal misdemeanor cases Hear criminal misdemeanor cases Hear civil cases of divorce, custody, child support and disputes of than $10,000 Hear civil cases of divorce, custody, child support and disputes of than $10,000 All trials are bench trials All trials are bench trials Judges are elected to 4-year terms Judges are elected to 4-year terms
Superior Court Felony criminal cases start here Felony criminal cases start here Hear civil cases of more than $10,000 Hear civil cases of more than $10,000 Hear appeals from District Court Hear appeals from District Court A petit jury of 12 hears cases A petit jury of 12 hears cases In criminal & civil cases, juries can be waived In criminal & civil cases, juries can be waived Judges are elected to 8-year terms Judges are elected to 8-year terms
Other Officials Magistrate issues warrants; sets bail, guilty pleas, accepts payments; conducts small trials & sm. claims court. Appointed to 2-year terms. Magistrate issues warrants; sets bail, guilty pleas, accepts payments; conducts small trials & sm. claims court. Appointed to 2-year terms. Clerk of Superior Court is in charge of foreclosures, jury duty, dockets, fines, etc. Elected to a four-year term. Clerk of Superior Court is in charge of foreclosures, jury duty, dockets, fines, etc. Elected to a four-year term. Public Defender represents indigent defendants. Hired by the DA. Public Defender represents indigent defendants. Hired by the DA. The District Attorney brings charges for the district on behalf of the state. Elected to a 4- year term. The District Attorney brings charges for the district on behalf of the state. Elected to a 4- year term.
Court of Appeals of North Carolina Only intermediate appellate court Only intermediate appellate court 15 judges sit in panels of 3-No jury 15 judges sit in panels of 3-No jury Decides questions of law on cases appealed from the Superior courts, except death penalty cases Decides questions of law on cases appealed from the Superior courts, except death penalty cases Cases in which there is a dissent go to the Supreme Court Cases in which there is a dissent go to the Supreme Court Judges are elected to 8-year terms Judges are elected to 8-year terms
Supreme Court of NC The state's highest court The state's highest court No further appeal for state decisions No further appeal for state decisions Chief justice & 6 associate justices sit together as a panel in Raleigh Chief justice & 6 associate justices sit together as a panel in Raleigh Has no jury Has no jury Determines no fact; considers error in legal procedures or in interpretation of law Determines no fact; considers error in legal procedures or in interpretation of law Justices are elected to 8-year terms Justices are elected to 8-year terms
Before Reading Bayard case: Define each of these terms: Define each of these terms: –Eminent Domain –Judicial Review –Supremacy –Due Process –Equal Protection
Article I, Section 19 No person shall be taken, imprisoned or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin. No person shall be taken, imprisoned or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.