5.2 Civics

5.2 Civics

Jurisdiction of State and Federal Courts

Open Ended

What is original jurisdiction?

Jurisdiction of State and Federal Courts

• Original Jurisdiction - authority to hear a case first based upon what type of crime and where it was committed

• ex. robbery - state / kidnapping across state lines - federal

Jurisdiction of State and Federal Courts

• Appellate Jurisdiction - authority to review the decisions of a court having original jurisdiction

• ex. Federal Courts do this to state courts

Jurisdiction of State and Federal Courts

• Concurrent Jurisdiction - both have the authority to hear the case

• this applies to both federal and state

• ex. dispute between someone in NC and VA

Jurisdiction of State and Federal Courts

• Exclusive Jurisdiction - only the federal courts can hear the case

• ex. bankruptcy cases and cases involving suits against the US government

Multiple Choice

If you robbed a bank, what jurisdiction would be used for your case to be in federal court?

• Original

• Appellate

• Concurrent

• Exclusive

Multiple Choice

What term applies to cases which could be heard in both federal and state courts but the defendant or plaintiff gets to choose who hears the case?

• Appellate

• Concurrent

• Exclusive

• Original

Multiple Choice

Which jurisdiction would you use if you want another court to hear your case?

• Exclusive

• Concurrent

• Appellate

• Original

Multiple Choice

If a court hears the case first, it is said to have what type of jurisdiction?

• Concurrent

• Appelllate

• Exclsuive

• Original

State Courts

• Lower Courts - District Courts (misdemeanor crimes and civil cases with small claims)

• General Trial Courts - Superior Courts (more serious crimes and civil cases)

• Intermediate Appellate Court - NC Court of Appeals (appellate jurisdiction over Lower and General Trial Courts)

State Courts

• NC Supreme Court - highest court in the state and exercises appellate jurisdiction over all lower courts

• NC Supreme Court also has power to strike down state laws it deems unconstitutional

• Hears both civil and criminal cases

State Courts

• Criminal Courts hear cases involving alleged violations of the state's penal code

• Civil Courts hear disputes between people, businesses, and organizations, etc.

Open Ended

Using your notes and google, describe the process a case would take if it went all the way to the State Supreme Court.

Federal Courts

several levels like state courts

Federal Courts

• US District Courts - divided into geographic judicial districts and act as trial courts for both criminal and civil cases

• In District Court 4 - closest federal court house is in Raleigh

US District Courts Original Jurisdiction

• 1. violate federal laws

• 2. civil cases where the plaintiff or defendant is the US

• 3. cases that arise out of disputes at sea or in other "navigable waters" within the US

US District Courts Original Jurisdiction

• 4. cases involving disputes between parties located in different states

• 5. disputes between a US citizen and a foreign national who does not reside in any state

• 6. any case where the complaint is based on the federal rather than state law

Multiple Choice

In which federal court district is North Carolina?

• 1

• 4

• 7

• 9

Judges in Federal Courts

• number of judges in a particular district is determined by Congress

• President appoints district court judges and like all federal judges must be approved by the Senate and serve for life until they retire or are impeached

Multiple Select

Select all of the following which happens for a judge to become a federal judge as stated in the Constitution?

• Appointed by the President

• Confirmed by the Senate

• Interviewed by the House of Representatives

• Hold many interviews for the public to get to know him or her

Poll

Do federal judges serve for life or a set time period like NC judges?

• Life

• Set period of time

Special Courts

• original jurisdiction over only certain types of cases

• 1. Court of International Trade - international trade and customs

• 2. US Court of Federal Claims - cases involving monetary damages filed against the US

• 3. US Tax Court - cases dealing with contested tax assessments

US Court of Appeals

• "Circuit Courts"

• Federal Judicial Mid level appellate courts

• exercise appellate jurisdiction over cases heard by lower US District and Special Courts

• 13 US appellate courts (12 geographic region and 13th over the whole US)

Poll

What is the term given for the power of the Supreme Court to declare acts of Congress unconstitutional?

• Adversial System

• Checks and Balances

• Judicial Review

US Supreme Court

• highest court in the country

• appellate jurisdiction over all lower courts (federal and state)

• original jurisdiction over cases involving ambassadors, public ministers, and consuls if a state is a party ex. North Carolina vs. Ambassador from Australia

• 9 justices - 1 chief justice and 8 associate justices

• ability to declare acts of Congress and/or laws passed by state unconstitutional

Multiple Choice

A young man is accused of violating a state law by stealing a car in Raleigh, NC. His trial will be held in a state court that has what kind of jurisdiction over the case?

• original

• appellate

• federal

• civil

Multiple Choice

A defendant is convicted of a crime in NC Superior Court. However, he claims that during the trial, the judge allowed evidence that should not have been admitted. His appeal will MOST likely be heard first in which court?

• US Supreme Court

• US Court of Appeals

• NC Court of Appeals

• NC Supreme Court

Multiple Select

Of the following courts, which ones have appellate jurisdiction?

• US District Court

• US Special Court

• US Supreme Court

• US Court of Appeals