North Carolina State Government

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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
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