TALKING POINTS OUTLINE

"FROM THE COURTROOM TO THE CLASSROOM"
FOR 9^TH GRADE
ECONOMIC, LEGAL AND POLITICAL SYSTEMS CLASS

FOR 10^TH GRADE
CIVICS/ECONOMICS CLASS

Theme: How the judicial system is structured and how it works

Focus: Leading students to understand the role of lawyers in the judicial system and in role of the system in their lives

Time: 50-75 minutes

THE JUDICIAL SYSTEM

I. Two Separate Court Systems

Ø The teachers we met with prior to preparing this outline indicated that most students do not understand that there is both State law and Federal law. A few minutes should be spent at the beginning of the presentation discussing the two systems in general terms.

A. Federal

B. State

II. Federal System

Ø Judges appointed for life by President with advice and consent of Senate.

A. U. S. District Courts

Ø Trial Courts - trial by jury

1. Criminal Jurisdiction

a) What makes a crime a "federal crime" as opposed to a "state crime?"

2. Civil Jurisdiction

a) Questions involving Federal law

b) Controversies between citizens of different states

Ø You may also want to spend a few minutes discussing the difference between criminal law and civil law. Different burdens of proof.

B. Circuit Courts of Appeal

1. North Carolina is in the 4^th Circuit, which sits in Richmond, Virginia. Hears appeals from District Court. Other states in the 4^th Circuit are South Carolina, Virginia, Maryland, and West Virginia.

2. 15 judges on the 4^th Circuit Court of Appeals.

3. Appointment process

C. U. S. Supreme Court

1. 9 Justices

2. Hears only those cases it chooses to take. Not required to take every appeal from the Circuit Court.

3. Highest Court in the land.

4. Interprets the Constitution.

5. How a case progresses through the system to the U.S. Supreme Court.

III. North Carolina State Court

Ø Judges elected by popular vote. Have to run campaigns and raise campaign money.

A. District Courts

1. Criminal - misdemeanors (no jury for criminal trials in district court. If you are convicted, you can appeal to superior court and have a jury trial.)

2. Civil - amount in dispute is less than $10,000.00

3. Domestic relations / Juvenile matters

B. Superior Courts

1. Criminal - Felonies and appeals from criminal convictions in District Court

2. Civil - all civil disputes in excess of $10,000.00

C. NC Court of Appeals (15 judges)

1. All appeals (except death penalty cases) from Superior Court. (Heard by a 3-judge panel.)

2. District Court civil actions

D. N.C. Supreme Court (There are 7 justices total. All justices hear each case.)

1. All death penalty cases

2. It chooses to hear some other cases by Writ of Certiorari, but it cannot be compelled to hear a case, unless . . .

3. Automatic right of appeal from any case from the N.C. Court of Appeals in which there is a dissenting opinion