File

advertisement

Welcome C&E Students!

• Find your seat and settle in

• Roll Call Question: What is one thing you have learned from this course so far (Units 1-4)?

• Bell Work: PREPARE FOR YOUR EXAM!!!!!

SHHHHH! TEST IN PROGRESS

• All you need is a pencil

• Answer on the TEST and SCANTRON

• Have a question? Come see Ms. Smith!!!

• When you are done:

• Bring your test to Ms. Smith

• Grab a Textbook and begin reading pgs.

244-247

• Answer Questions 2,3, 4, 6 on a separate

sheet of paper and turn it in to your class tray when finished

Welcome C&E Students

• Turn in your study guides and quizzes

• Grab the handouts for today

• Roll Call Question: “ Would you rather loose one finger or have an extra finger?”

• Bell Work:

• HAVE YOU HEARD???????????

Warm Up – Corruption in Charlotte!!!

• Less than six months on the job, the mayor of

Charlotte was arrested yesterday and accused of accepting more than $48,000 in bribes from undercover FBI agents posing as businessmen who wanted to do work with North Carolina's largest city.

• Mayor Patrick Cannon faces federal theft and bribery charges. Cannon solicited and accepted more than $48,000 in cash, airline tickets, a hotel room and the use of a luxury apartment as bribes, according to a criminal complaint.

• If convicted on all the charges, he faces up to 50 years in prison and more than $1 million in fines.

• The investigation began in August 2010 after a tip from a local undercover officer about public corruption. At the time, Cannon still held an at-large seat on the Charlotte City Council. He was first elected to the council in 1993 at age 26, becoming the youngest council member in the city's history.

• http://www.usatoday.com/story/news/politics/2014/

03/26/charlotte-mayor-patrick-cannonarrested/6918119/

• Cannon resigned yesterday

• http://www.charlotteobserver.com/2014/03/26/4797

153/mayor-cannon-resigns-aftercorruption.html#.UzP7M-KN2So

Welcome C&E Students!

• Grab today ’ s handouts and settle in

• Roll Call Question: Would you rather live in Antarctica or the Sahara?

• Bell Work:

• What type of crimes would NCBI have jurisdiction over?

• At the county level, who is the chief law enforcement officer?

Reminders

• Midterms must be completed by today!

• Amendments Project due this

Thursday

• Turn in early if you are leaving early

• Recovery!

Begins after break.

• Medical Wavers due by May 22 nd

• Recovery Ends May 27 th

4.3 The Dual Court System

Objective: Analyze the principle of federalism as it applies to the dual court system

Student Spotlight Scenario

• is accused of robbing a grocery store. He entered the store wielding a gun and demanding that the store clerks hand over every

Monster Energy drink the store had. He ended up getting away with

$20,000 worth of Monster until the Sheriff’s department captured and arrested him. He now faces trial.

I. NC ’ s Trial Courts

A. Trial Courts2 types – District and Superior

B. District Courts

1.

the judge hears the case and decides the verdictthere is no jury

2.

ex: family law, traffic violations, mental hospitalization,

3.

civil cases less than $10,000, misdemeanors

4.

Small claims- less than $5000

C. Superior Courts

1.

handle civil cases involving more than $10,000 and felonies- may involve jury trials

2.

Hears cases involving felonies

3.

in capital cases, jury also decides the sentence

D. Judicial Officers

1.

Magistrates - issue search and arrest warrants

2.

district attorneyrepresents the state in all criminal cases in district and superior courts

3.

public defenderstate employee who represents low-income persons accused of crimes

4.

Bailiffcourt officer

Supreme Court Case Spotlight

• Gideon v. Wainwright (1962)

• If you cannot afford a lawyer one will be appointed to you (public defender)

• http://www.youtube.com/watch?v=nrcTqx3t8Gg

Student Spotlight Scenario

• ’s case is tried in a superior NC court. The prosecution is charging him with grand larceny and now he is awaiting the Jury’s verdict. After deliberations (which take 5 hours) he is found guilty.

The judge sentences him to 10 years in prison and a $10,000 fine. is outraged, he believes his 8 th amendment rights are being violated and wants to appeal his case.

II. NC ’ s Appellate Courts

A. NC Court of Appealshears cases appealed from the state ’ s trial courts and determine whether the decision should be overturned

Student Spotlight Scenario

• After working with his defense attorney to develop an appeal,

‘scase is reviewed by a NC appellate court. The 3 appellate judges who hear ’ s case determine that due process was followed and that the decision from the superior court should be upheld. Once again is outraged that his constitutional rights are being violated. He and his attorney decide to appeal the case further

B. NC Supreme Court

1.

highest court in the land (state)

2.

reviews cases of lower courts

3.

interprets state constitution

4.

voters elect chief justice and 6 associate judges

Student Spotlight Scenario

• appeals his case to the NC supreme court, hoping that they will either overturn the decision in his grand larceny case or at least minimize his sentence. Luckily NCSC chooses his case to be heard. The

7 justices hear his appeal and then deliberate. They to decide that the decision of the lower court must be upheld. BUT WAIT!!!!! Because

’ s case deals with a constitutional issue. He can go even further.

Mini Quiz!!!!

• Suppose a contractor is suing Hunter because he never paid them for their services. The total amount owed is $15,000 dollars. What kind of NC court would the case go to?

• Suppose Erika stole a candy bar from Harris Teeter.

She goes to court and tells the judge she was framed for this heinous crime. The judge looks at the evidence and then come to a decision. What kind of court is Erika ’ s case most likely in?

Mini Quiz Answers!

• Superior Court of North Carolina – Tut Tut Tut

Hunter!

• District Court of North Carolina - For shame

Erika!!!

North Carolina State Courts

Supreme Court

Court of Appeals

District Courts Superior Courts

Bingo!

• L et’s play Bingo to review what we have covered in Unit 4 so far!

III. Federal Courts

A. Federal Court Jurisdiction

1.

jurisdiction - authority to hear a case

2.

original jurisdictionfirst court to hear case

3.

appellate jurisdictionappealed from lower court

4.

exclusive jurisdictiononly federal courts can hear and decide cases

5.

concurrent jurisdiction - both federal and state courts have jurisdiction

B. Lower Federal Courts

1.

Federal District courts are the lowest federal courts where criminal and civil (7 th Amendment!) cases are held

2.

94 district courts across the country

3.

All federal cases begin in district courtsoriginal jurisdiction

Student Spotlight Scenario

• appeals his case to the District Court assigned to North

Carolina. His case is heard by a judge and jury. After deliberations the

Jury determines the original district court was right and the judge refuses to overturn the sentence. BUT WAIT!!!

’s attorney was able to uncover new evidence that the original jury might have been bribed!!! TWIST they decide to go to the Federal Court of

Appeals

C. US Court of Appeals

1.

appeals courtsreview decisions from lower courts to see if they followed proper due process

2.

Organization- 12 US Courts have jurisdiction over an area or circuit

3.

Making a decision a.

No trials, just 3 or more judges review case and listen to arguments b.

Can uphold decision, reverse decision, or remand (send back to be tried again)

Student Spotlight Scenario

• ’s attorney brings this new evidence to the

Fourth Circuit Court of Appeals in Richmond VA. The 3 judges hear the new evidence and deliberate whether or not ’s 8 th amendment rights were violated and if Due Process was interrupted. They believe due process might have been interrupted during the original trial. is going to the BIG

SHOW

IV. US Supreme Court

A. Jurisdiction and Powers

1.

Original- conflicts b/w states

2.

Appellate- chooses which cases it hears

3.

Judicial Reviewreview any local, state, or federal issue if it is constitutional

B. Procedures

1. select cases that involve constitutional or legal questions

2. writ of certiorariasks a lower court to send the case to the

Supreme Court for review

3. Accepted cases go on the docket , or calendar

C. Decision making

1.

written arguments- a brief is a written document that explains one side ’ s opinion

2.

oral arguments- usually 30 minutes to present case with questioning

3. Opinion writing

a. Majority opinionviews of the majority of justices also states facts of the case

b. Concurring opinionagrees with the majority but for a different reason

c. Dissenting opinionopposes majority opinion d. Unanimous Opinion – all justices vote the same way

Student Spotlight Scenario

• The US Supreme Court accepts ‘s case and it goes on the docket. The nine justices read both sides brief’s and question both sides. The justices deliberate and in a 6-3 decision decide that

‘s 8 th amendment rights were indeed violated and they overturn the decision made by the NC Superior court. Is freed and

Justice is served

Court Scenarios

• You and your group mates will read several scenarios together.

• You will determine what type of crime or action has been committed and then determine which court would hear the case

• May Lady Justice be with you.

Download