THE JUDICIAL BRANCH
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A: Types of Courts
◦ 1. Trial courts hear evidence and arguments of the
parties in a case. Known as adversarial courts
system.
B: District Courts :
1. In district courts the judge who hears the case
decides the verdict. There is no jury.
2. cases can involve family law, traffic violations,
mental hospital commitments, etc.
3. civil cases less than 10,000
4. misdemeanors or minor crimes such as
trespassing, vandalism, bounced checks.
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1. Superior Courts- handle civil cases
involving more than $10,000 and felonies.
Many involve jury trials. Capital crimes like
murder, armed robbery, rape, drug
trafficking, etc.
2. Jury Trial decides the verdict. In capital
cases they also decide the sentence.
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1. Magistrates issue search warrants and
arrest warrants.
The District Attorney (DA) represents the
state in all criminal cases in district and
superior courts.
The district public defender is a full-time
state employee whose responsibility is to
represent low-income persons who are
accused of a crime.
Superior and District Court Judges hear cases
and deliver sentences.
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A: The North Carolina Court of Appeals
◦ 1. hears most cases appealed from the state’s trial
courts.
B: The North Carolina Supreme Court
1. reviews cases that a lower court has already
decided.
2. interprets the state constitution
3. voters elect the chief justice and the six associate
justices.
4. highest court in the state
C: Remand, reverse, or uphold a case.
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A: Judiciary Act of 1789 established federal
district courts.
B: IN 1891, Congress created federal appeals courts
and circuits, (districts they serve)
C: Federal Court Jurisdiction
1. Jurisdiction- the authority to hear and decide a
case. For example: the following below.
2. The Constitutional violation of someone’s right.
3. Federal laws (federal crimes such kidnapping, tax
evasion, counterfeiting, bank robbery, etc. )
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4. Disputes between states
5. Disputes between citizens of different
states
6. The Federal Govt. v a private business or
enterprise. Vice versa. Individuals can sue a
govt. entity.
7. Foreign Govts/ and Treaties
8. Admiralty and Maritime Laws: crimes and
accidents outside territorial waters.
9. US Diplomats: representing diplomats who
are accused of crimes in a foreign country.
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Exclusive Jurisdiction: means only Federal
courts can hear and decide a case.
In a dual system-Federal courts hear Federal
crimes and State courts hear state crimes.
Concurrent Jurisdiction: Either court can hear
and decide the case. Examples are disputes
between citizens in different states over
$50,000. A person can sue in either state or
federal court.
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I: US District Courts: Trials and lawsuits are
heard.
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Juries
Witnesses
Juries hear evidence and pass verdict
Judge passes sentence
All federal felonies start here
Original Jurisdiction: All Federal court cases begin
at the District Court level. **************
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1: US Court of Appeals: Reviews decisions from the
lower court (District Court)
Referred to as appellate jurisdiction (authority of a
court to hear a case appealed from a lower court)
Lawyers appeal when they feel their case was wrongly
tried, new evidence may impact the case, or if there
was wrongful ethical violations performed by law
officials.
12 United States Court of Appeals.
13th appeals court has nationwide jurisdiction to hear
special cases such as patent disputes and
international trade.
3 Judge panel hears the cases presented
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Appeals court do not hold trials. They hear
cases and decide a case in 3 ways.
◦ 1. By upholding a decision
◦ 2. By reversing a decision
◦ 3. Remanding: sending the case back to the lower
court to be tried again.
Opinion: detailed explanation of the legal thinking
behind the decision. Sets the precedent for cases
that follow.
Precedent: guidelines to other judges that offers a
model on which to base further cases that are
similar in the future.
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Take a couple of minutes and read pp 246247 and Answer the following questions into
your notes.
How are Federal Judges selected? What part
of the Constitution says that?
What is tenure? Why do federal judges serve
for life?
What are magistrates?
What are US Attorneys?
What do US Marshals do?
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Look at the map in your textbook on p 241
and answer the following questions.
1. Which circuit covers the largest geographic
area?
2. District 3 is smaller than District 10. Why
do you think this is so?
Build a house with the three levels of Federal
Court.