•What
are the 4 different types of
North Carolina courts?
•What is the highest court in the
United States?
Judicial Branch
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State:
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NC Supreme Court (highest)
NC Court of Appeals
Superior Court
District Court
Federal
◦ US Supreme Court (highest)
◦ US Court of Appeals
◦ US District Court
Why do we have courts?
• “To ensure equal justice for all”
• To settle disputes (civil cases – 3
types: lawsuits, family law, contract law)
and hold trials for those accused of a
crime (felonies or misdemeanors)
• Judges act as a neutral 3rd party to
decide issues (arbitration), based on the
law & precedent – not their own opinion.
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Article III of the Constitution established a national
Supreme Court and gave Congress the power to
establish lower federal courts.
Over the years, Congress set up three levels in the
federal court system–district courts at the bottom,
appeals courts in the middle, and the Supreme
Court at the top.
Each state also has its own laws and court system.
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Jurisdiction is a court’s authority to hear and decide
cases.
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Original Jurisdiction: authority to hear a case first
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Appellate Jurisdiction: authority to review the decisions
of a court having original jurisdiction
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Concurrent Jurisdiction: two courts share the authority
to hear the case
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Exclusive Jurisdiction: only federal courts may hear the
case
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The Constitution gives federal courts jurisdiction
over eight kinds of cases.
1. If the law in question applies to the U.S. Constitution
2. Cases involving violation of federal laws.
3. Any disagreement between 2 state governments
4. Lawsuits between citizens of different states.
5. If the U.S. government sues someone or someone sues
the U.S. government
6. Disputes between a foreign government and either the
U.S. government or an American private party.
7. Admiralty and maritime laws concern accidents or
crimes on the high seas.
8. Cases involving U.S. diplomats.
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US District Courts - are the federal courts
where trials are held and lawsuits are begun
(Original Jurisdiction in these cases)
US Court of Appeals - review decisions made
in lower district courts. (Appellate Jurisdiction)
US Supreme Court – highest court in the US
and hears cases of significance (Appellate
[after US Court of Appeals] and Exclusive in
cases involving the Constitution)
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All states have at least one.
For all federal cases, district courts have
original jurisdiction, the authority to hear the
case for the first time.
District courts hear both civil and criminal
cases.
They are the only federal courts that involve
witnesses and juries.
◦ hung jury: jury that is unable to decide a verdict
◦ bench trial: trial with no jury – only a judge
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People who lose in a district court often appeal to
the next highest level–a U.S. court of appeals.
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This is appellate jurisdiction–the authority to
hear a case appealed from a lower court.
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There are no juries. Guilt/innocence is not
decided here – only if due process was followed.
They can make 3 choices:
◦ Uphold the original case
◦ Remand the case to a lower court (to have another trial)
◦ Reverse the decision of the district court
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Most appeals court decisions are final.
A few cases are appealed to the Supreme
Court.
One appellate judge writes an opinion that
explains the legal thinking behind
the court’s decision in the case.
The opinion sets a precedent or model for
other judges to follow in making their own
decisions on similar cases.
A judge may write a dissenting opinion if they
disagree with the majority opinion
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Highest court of the United States
Part of the Judicial Branch – interprets laws
Has power of judicial review of federal laws
◦ Marbury v. Madison (1803) gave them this power
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9 Supreme Court justices appointed for life by
the President (with Senate approval). Can be
removed only through impeachment
 NC District Court: original jurisdiction - Hears
misdemeanors and civil cases of less than $10,00
 Superior Court: original jurisdiction - Hears cases in
which felony crimes have been committed and civil
cases of more than $10,000
 NC Court of Appeals: appellate jurisdiction - Reviews
cases from lower courts
 NC Supreme Court: Appellate jurisdiction – hears
appeals cases after NC Court of Appeals; exclusive
jurisdiction for cases involving the NC Constitution
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1. Martin sues Wake County public schools
for $250,000 after he suffered 3rd degree
burns in a fire at Knightdale High School.
2. Brooke is found guilty of killing three
people in three different states and want to
appeal her verdict.
3. Renee sues the US government for her
husband’s death in the Iraq War.
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4. Parents press charges against North
Carolina in the Leandro cases because they
are concerned that NC is not giving their
children the education guaranteed to them in
the NC Constitution.
5. Miranda argued that he did not know what
his rights were that were listed in the US
Constitution, so he appeals his case.
6. Robert commits a felony by kidnapping his
little sister.
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7. Caroline steals a sweater from a local
Raleigh store.
8. Caroline appeals her case after she is
found guilty of stealing a sweater from a local
Raleigh store.
9. Two US diplomats are accused of abusing
their power and are put on trial.
10. Parents sue a local Knightdale restaurant
for $9,000 for making their children fat.
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Create a poster outlining the Judicial Branch.
Top ½ of the poster – Federal Courts: Include
the 3 levels of federal courts, what their
jurisdiction is, and an example of a case each
court might hear.
Bottom ½ of the poster – NC Courts: Include
the 4 levels of NC courts, what their
jurisdiction is, and an example of a case each
court might hear.
Also label each court (federal and NC) as a
trial court or an appeals court. Turn in the
poster when you finish!