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The US and NC Court System

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Presentation on theme: "The US and NC Court System"— Presentation transcript:

1 The US and NC Court System
Overview with Worksheet

2 Jurisdiction City County State Federal

3 Role of the Judicial Branch
Criminal Process- To find justice for criminal activity Civil Process- To settle disputes between people v people and government vs people. Remember there is a person who is suing God for the Catastrophic weather pattern.

4 Types of Jurisdictions
Jurisdiction- Who has the right to hear which case? With so many court systems and courts there is a clear definition for each type of court. Exclusive Jurisdiction-Only 1 court system has jurisdiction. ( Federal or State ) Concurrent Jurisdiction- State and federal share jurisdiction on the case ( sniper )

5 Federal Jurisdiction Suits involving the Federal Government ( civil )
Cases involving Foreign Governments and treaties. Cases on Admiralty and Maritime Laws Cases involving U.S. Diplomats Anything that happens on federal property is Federal ( even if state crime )

6 Federal Jurisdiction Cases involving the Constitution: All the court cases we have gone over. Violations of Federal Law: Kidnapping, counterfeiting, tax evasion Controversies between states: Virginia and NC concerning Lake Gaston People/Parties/Companies from different states.

7 State Jurisdiction Remember the Federalist and Anti-Federalist.
If it is not from the two previous slides it is State Jurisdiction.

8 Types of Jurisdictions
Once it is decided whether the state or federal government has jurisdiction then we have decide which court. Original Jurisdiction- The right to hear the case the 1st time. Appellate Jurisdiction: The right to hear appeals.

9 US Supreme Court 1 court (Washington) Justices 9 Justices
Chief Justice

10 Supreme Court Jurisdiction
99% Appellate Jurisdiction 1 % Original Jurisdiction Cases in which Supreme Court has original jurisdiction In all Cases affecting Ambassadors, other public Ministers and Consuls, those in which a State shall be Party Gore/Bush Virginia/North Carolina Lake Gaston

11 What type of cases does the Supreme court here?
Major cases that involve major issues in the US. Will only take cases that deal with the majority. All cases come from US Court of Appeals or State Supreme Court.

12 What type of decisions does the US Supreme Court hand down?
Decision (must be majority) SC opinion- 1 judge writes why the Supreme Court voted that way. Concurring Opinion (optional)justice writes because he agreed with the decision but for a different reason. Dissenting Opinion-Written by someone who voted against the decision.

13 US Court of Appeals 12 in US Judges Panel of Judges (3-5)
Chief Justice

14

15 Court of Appeals Jurisdiction
Appellate Jurisdiction

16 What type of cases does the Court of Appeals hear?
They will look at all appeals that have merit. They try to make sure Justice is served

17 What type of decisions does the US Court of Appeals hand down?
Overturn the lower court decision Uphold the lower court decision Remand- Order a new trial

18 US District Court 92 (Raleigh is closest) Judges 1 Judge

19 US District Court Jurisdiction
Original Jurisdiction

20 What type of cases does the US District Court here?
Civil and Criminal Only jury trial in United States Court System

21 What type of decisions does the US District Court hand down?
Guilty Not Guilty (Acquitted) Mistrial Hung Jury

22 US Claims Court Original
US citizens can sue the Federal Government in this court. For the plaintiff or against the plaintiff

23 US Military Court Handles US Court Martials
You may not appeal these decisions.

24 NC Supreme Court 1 court (Raleigh) Judges 7 Elected Judges

25 Supreme Court Jurisdiction
Appellate Jurisdiction

26 What type of cases does the NC Supreme court here?
Major cases that involve major issues in the NC. All cases come from NC Court of Appeals Must hear all Capital Murder Cases

27 What type of decisions does the NC Supreme Court hand down?
Overturn the lower court decision Uphold the lower court decision Remand- Order a new trial

28 NC Court of Appeals Many through out NC Judges Panel of 3 judges

29 NC Court of Appeals Jurisdiction
Appellate Jurisdiction

30 What type of cases does the NC Court of Appeals here?
Hear cases from NC District Court Hear cases from NC Superior Court On Merit

31 What type of decisions does the NC Court of Appeals hand down?
Overturn the lower court decision Uphold the lower court decision Remand- Order a new trial

32 NC Superior Court One in every county seat (100) Judges Judge

33 Superior Court Jurisdiction
Original Jurisdiction

34 What type of cases does the Superior here?
Hear Civil Cases above $10,000. Criminal Cases (Felonies some misdemeanors). Only NC Court with a Jury trial

35 What type of decisions does the NC Superior Court hand down?
Guilty Not Guilty (Acquitted) Mistrial Hung Jury

36 NC District One in every county seat (100) Judges 1 Judge

37 NC District Jurisdiction
Original Jurisdiction

38 What type of cases does the NC District Court here?
Hear Civil Cases under $10,000. Criminal Cases (Traffic, Minor Crimes, Misdemeanors). Judge makes decisions and punishment

39 What type of decisions does the NC District Court hand down?
Guilty Not Guilty (Acquitted) Mistrial Hung Jury

40 McCulloch vs. Maryland d
Implied powers Unites States Government opened the first Federal Bank of the US. (Alexander Hamilton) It Failed They opened up the 2nd Federal Bank One chain (think Wachovia) was in Maryland Maryland started to tax the US Bank for each transaction. ( The only bank was the Bank of Maryland so there was a competition problem)

41 McCulloch vs. Maryland d
McCulloch (Manager of the US) Bank Sued Maryland said that the US Federal Bank because it was unconstitutional. (not one of their expressed powers) Why was the US Bank allowed under the implied power (also necessary and proper clause)

42 Gibbons vs. Ogden Federalism (power split between state and local)
A body of water between NY and NJ. The state of NY gave Ogden exclusive right to navigate the water. The United States had given gibbons exclusive right to navigate the same water We had a court battle Who won?

43 Gibbons Won Federalism give who the right to make decisions when the water is connected between the states? Federalism works?

44

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