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North Carolina State Government

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

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North Carolina State Government

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  1. North Carolina State Government The Judicial Branch Chapter 13 Section 3

  2. 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)

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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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