North Carolina State Government The Judicial Branch Chapter 13 Section 3

North Carolina’s Court System Types of Trial Courts ▫Hear evidence and arguments and deliver a decision ▫District and Superior Courts District Courts ▫Civil Cases  Juvenile law, divorce, traffic violations, and disputes that involve less than $10,000 (misdemeanor)

North Carolina’s Court System Superior Courts ▫Civil Cases involving more than $10,000 ▫Most involve jury trials ▫If the defendant is found guilty of a misdemeanor they can request a new trial by the Superior Court

North Carolina’s Court System Judicial Officers ▫Clerk of Superior Court  Establish validity of wills, conduct sale of property to pay an owner’s debts ▫Magistrate  Issue search warrant and arrest warrants ▫District Attorney  Represents the state in all criminal cases

Appellate Courts Hear disputes about whether the decision of a trial court should be overturned The decision of the states highest court on all questions of state law are FINAL unless overturned by the US Supreme Court

Appellate Courts North Carolina Court of Appeals ▫Voters elect 15 appeals court judges ▫Hear cases in groups of three called Panels North Carolina Supreme Court ▫Interprets the state’s constitution and laws ▫7 Justices ▫Supervises all the other courts in North Carolina

Landmark Court Decisions Bayard vs. Singleton (1787) ▫During the Revolutionary war Bayard’s family property was taken by the United States and sold to Singleton ▫North Carolina appeals court ruled in Bayard’s favor saying the Confiscation Act was illegal ▫This was the first time a state court ruled a state law was unconstitutional

Landmark Court Decisions State vs. Mann (1830) ▫John Mann was arrested for beating and wounding an enslaved African American ▫Chowan County Court convicted Mann of Battery ▫NC Supreme Court overturned the decision  Slaveholders could not be prosecuted for attacking the enslaved ▫Outcome: Defended the legality of slavery

Landmark Court Decisions The Leandro Case (1994) ▫People have a right to education and the state must maintain this right ▫Five NC Counties sued saying the state was spending less per pupil than in other counties ▫State ruled that the State Constitution does not require equal funding of education ▫Hoke vs. State (2004)  At-risk children require more resources, time, and intervention in order to learn