State and Local Government,
judicial edition
EQ: What does the “cake of court”
look like in the state of
North Carolina?
_____L: warm-up
1. How many layers are in the U.S. “cake” of court?
2. What are the layers?
3. What term in civics is defined as a government in which
power is divided between the federal, state and local
levels?
The BIG idea...it’s a piece of cake! :)
District Courts
-civil cases (minor)
-misdemeanors/infractions
Trial Courts, or District Courts, can be divided into four categories,
civil, criminal, juvenile and magistrate. Like the Superior Court,
District Court sits in the county seat of each county. It may also sit
in certain other cities and towns, specifically authorized by the
General Assembly.
-juvenile cases
-judges elected (4 year
terms)
Civil cases such as divorce, custody, child support and cases
involving less than $25,000 are heard in District Court, along with
criminal cases involving misdemeanors and infractions. The trial of
a criminal case in District Court is always without a jury. The
District Court also hears juvenile cases involving children under the
age of 16 who are delinquent and children under the age of 18 who
are undisciplined, dependent, neglected or abused. Magistrates
(see magistrate section) accept guilty pleas for minor
misdemeanors, accept guilty pleas for traffic violations and accept
waivers of trial for worthless-check cases among other things.
In civil cases, the magistrate is authorized to try small claims
involving up to $10,000 including landlord eviction cases.
Superior Courts
-civil cases ($10,000+)
-felonies
All felony criminal cases, civil cases involving
more than $10,000 and misdemeanor and
infraction appeals from District Court are tried in
Superior Court. A jury of 12 hears the criminal
cases. In the civil cases, juries are often waived.
-misdemeanors/infraction appeals
-jury of 12 in criminal cases
-elected judges (8 year terms)
Superior Court is divided into eight divisions and
50 districts across the state. Every six months,
Superior Court judges rotate among the districts
within their division. The rotation system helps
avoid favoritism that might result from having a
permanent judge in one district.
Court of Appeals
-15 judges (8 year terms)
bios
+ panels of 3 judges
-See appeals from district and superior courts
The Court of Appeals is North Carolina's intermediate appellate court. Fifteen judges hear cases in panels of three. The
Court of Appeals reviews the proceedings that occurred in the trial courts for errors of law or legal procedure; it decides only
questions of law - not questions of fact. All cases appealed from the Superior and District courts in civil and criminal cases,
except capital murder cases in which the Superior Court pronounces a judgment imposing the death penalty, are heard by
the Court of Appeals. In addition, direct appeals from certain of the state’s administrative agencies are heard by the Court of
Appeals. In the 2011 calendar year, 1,615 appeals, 953 petitions, and 3,833 motions were filed in the Court of Appeals;
during the same period the Court disposed of 1,835 appeals, and 4,301 petitions and motions.
Supreme Court
-1 chief justice, 6 associate justices
(bios)
-No jury
-Elected (8 year terms)
The Supreme Court of North Carolina is the state's highest court, and there is no
further appeal in the state from their decisions. This court has a chief justice and
six associate justices who sit together as a panel in Raleigh. The Supreme Court
has no jury, and it makes no determination of fact; rather, it considers error in legal
procedures or in judicial interpretation of the law.
A few cases dealing with the NC Courts...
--Bayard v. Singleton (1787)
--State v. Mann (1830)
--Swann v. Mecklenburg Co. (1971)*
--Leandro v. State (1997)
--Hart v. State (2015)
*SCOTUS
Paper Slideshow Court Case Assignment
--In groups of 3-4, you will create a paper slideshow for your assigned court case.
Your slideshow should consist of the following:
a. background of the case
b. the court’s decision
c. impact of the case
Use the information provided and do some research on your own! You will need a
minimum of 5 slides in your presentation. You must also have a written script of
what will be said in the show. The slides should have color and be aesthetically
pleasing. The slideshow should be at least 1.5 minutes in length.
You will upload your finished product to YouTube or e-mailed to the teacher to
share with the class.
Court cases in N.C.
--10 minutes to work on slides.
--Record your paper slideshow on your phones. Publish to YouTube.
--We will present them to the class. :)
Bayard v. Singleton (1787)
background
decision
impact
State v. Mann (1830)
background
decision
impact
Swann v. Mecklenburg Co. (1971)*
background
decision
impact
Leandro v. State (1997)
background
decision
impact
Hart v. State (2015)
background
decision
impact