The US Court System

1. The US Court System

2. Settling Disputes Court should be a last resort. How can we solve conflict without litigation?

3. Conflict • Conflict is inevitable, so we need to consider how we handle conflicts in our everyday lives. • Conflict can actually be productive, as problems between people and entities are settled and moved past. • Think of a recent conflict in your life that involves another person or entity (work, gov’t, etc). • If resolved, how did you go about doing this? • If unresolved, what do you think is the first step to addressing and resolving this conflict?

4. Methods for Solving Disputes

5. Methods for Solving Disputes In NC, civil cases headed to the Superior Court (civil cases over $10,000) must have the parties attend mediation sessions to try to reach a settlement pre-trial cuts down court costs

6. Methods for Solving Disputes

7. Methods for Solving Disputes

8. Small Claims Courts

9. Jurisdiction the proper court in which to bring a particular case and the duties of that court

10. Small Claims Court • AKA “Magistrates” • Original jurisdiction • Civil courts • Recovery of money (less than $5,000) • Recovery of specific property • Summary ejectment (eviction) • Plaintiff – party suing • Defendant – party being sued • Advantages • Inexpensive • Attorneys not required - plaintiff and defendant represent themselves • No juries – judge makes decision immediately • Can appeal the judge’s decision

11. Taking Your Claim to Small Claims Court • 1. Determine eligibility • Civil case under $5,000 • Discuss with courthouse clerk (call or visit) • 2. File your claim • Do the paperwork (and file proper complaint) • Pay appropriate fees • $96 to file • $30 for each defendant

12. Taking Your Claim to Small Claims Court • 3. Prepare for the case • The court will notify the parties of the trial date • Gather evidence (receipts, letters, contracts, etc) • Plaintiff’s Preparation • Needs to prove… • Why the defendant owes money • Why the defendant should return property • Why the defendant must vacate the property • Defendant’s Preparation • Needs to prove… • Money is not owed, or you owe less • Property shouldn’t be returned • Forced eviction is not necessary, either because money is not owed or the landlord has failed to maintain property

13. Taking Your Claim to Small Claims Court • 4. Go to court with confidence • Be on time, dress professionally • Present your case calmly and accurately • Listen carefully to the judge’s instructions • If you are the plaintiff and you don’t show up, your case will be dismissed. • If you are the defendant and you don’t show up, the judge will rule against you.

14. Taking Your Claim to Small Claims Court • 5. The Verdict • Judge issues verdict (decision) • In NC, either party can appeal the judge’s ruling within 10 days. • A new court date will be set for a trial in the NC District Courts, with a jury if you request at time of appeal.

15. State and Federal Court Basics

16. The Court System • Federal Courts • Supreme Court (highest in US) – power of judicial review • Trial and appeals courts • State Courts • State Supreme Courts (highest in state) • Trial and appeals courts • Magistrates and small claims courts

17. Trial Courts • Listen to testimony, consider evidence, and decide the facts in a disputed situation • Original jurisdiction • Criminal Trials • Civil Trials Prosecution Government bringing the case to court Has burden of proof – must prove guilt beyond reasonable doubt Defendant Person/entity being accused of a crime Plaintiff Party suing/bringing the case to court Defendant Party being sued Parties can be comprised of an individual, groups of individuals, company, gov’t, etc

18. Judges • Preside over trials • Ensure attorneys follow rules and procedures • Nonjury trials – considers evidence and renders a judgment • Jury trials – instructs the jury as how to act considering the law • Criminal trials – jury acquits or convicts and judge delivers sentence

19. Juries • 6th Amendment – right to jury in federal and state criminal trials • 7th Amendment – right to jury in federal civil cases over $20 • Most state constitutions allow for a jury in state civil trials

20. Juries Civil Trials Criminal Trials We will talk more about juries later… Plaintiff or Defendant may request jury Most cases are decided before litigation  settlements Defendant may request jury Most cases are decided before litigation  plea bargain

21. Steps in a Basic Trial

22. Appeals Courts • A court that reviews a previous court’s ruling • Appellate jurisdiction • Appellant– asks court to review the previous ruling • Respondent– defends the previous ruling • Only lawyers and a panel of judges (3+) who make decision • No juries, witnesses, or new evidence

23. When to Appeal? • Possible to appeal a ruling when the losing party feels that the trial court made an error of law • Occurs when the judge makes a mistake as to the law applicable in the case • Wrong jury instructions • Permission of evidence that was not allowed Reversal/Remand Rule in favor of appellant Send case back to trial court because of an error Uphold/Affirm Rule in favor of respondent Agree with the trial court’s decision and let it stand - OR -

24. NC (State) Court System

25. Magistrates • Officers of the district courts • 2 year terms, appointed by Senior Superior Court Judge • Accept guilty pleas for minor misdemeanors • Accept payments for traffic infractions • Hear and decide small claims (less than $5,000) • Issue arrest and search warrants • Hold bond hearings to set bail • Perform marriage ceremonies • Other actions

26. NC District Courts • Original jurisdiction • 270 judges, sits in the county seat of each county • Full time, cannot practice private law • Elected to 4 year terms • Decides most cases • Elected District Attorney (represents the state in criminal trials)

27. NC Superior Court • Original jurisdiction • 8 divisions • 112 judges • Elected to 8 year terms

28. NC Court of Appeals • Appellate jurisdiction – March 2014 Calendar • Downtown Raleigh • 15 Judges • Elected to 8 year terms • Sit in panels of 3 • No jury • All civil and criminal appeals from the lower courts (District and Superior) • DOES NOT hear appeals to 1st degree murder convictions with a death sentence (NC Supreme Court)

29. NC Supreme Court • Appellate jurisdiction • Downtown Raleigh • March 2014 Calendar • 7 Justices • 1 chief, 6 associates • Elected to 8 year terms • No jury • Hears cases involving… • Issues surrounding the NC Constitution • When dissent (disagreement) in Court of Appeals • Significant public interest issues • Appeals from convictions imposing death sentences in 1st degree murder cases • NC Attorney General (Roy Cooper) represents the state when the state is a party.

30. US (Federal) Court System

31. Original Jurisdiction for Federal Trial (District) Courts • Cases concerning… • Constitutional law • Federal laws and treaties • Admiralty and maritime issues • Citizens of different states that concerns over $75,000 • Crimes involving federal officials (ex: murder of an FBI agent) • Bankruptcy • Cases when… • The US federal gov’t is a party • A state and citizens of another state are in dispute • States are in dispute • Federal vs State Crimes

32. US District Trial Courts • 94 District Courts • At least 1 per state (NC = 3) • At least 2 judges/district • Original jurisdiction • Bankruptcy (70% of all federal district trials per year) • Civil cases concerning the Constitution, laws, and treaties • Criminal cases for federal crimes • Held in the state where the crime occurred • Judge and 12 member jury • Judges appointed by POTUS, approved by Senate (life terms)

33. US Circuit Court of Appeals • 12 Regions – 13 Courts • 1 appeals court per region + 1 appeals court for the Federal Circuit • Jurisdiction defined by issue, not geography • 6-27 judges per circuit • Appellate jurisdiction • Did the trial court apply the law correctly? • No new evidence, no jury • Panels of 3 Judges • Judges appointed by POTUS, approved by Senate (life terms)

34. 4th Circuit (includes NC) Court in Richmond, VA 15 active Judges Most efficient – average of 7 months to resolve appeals Advised by the Supreme Court’s Chief Justice Most “collegial” – Judges often personally greet lawyers Conservative reputation, however moving towards center

35. Writ of Certiorari • The losing party in the federal court of appeals, or highest state appeals court, can file a writ of certiorari – a document requesting that the Supreme Court review the case • The SC does not have to hear the case

36. US Supreme Court • 9 Justices • 1 Chief Justice • 8 Associate Justices • Appointed by POTUS, approved by Senate • Life terms • Rulings are final • Judicial Review • October-June (8 mo) S. Sotomayor Obama Liberal S.G. Breyer Clinton Liberal S. Alito G.W. Bush Conservative E. Kagan Obama Liberal A.M. Kennedy Reagan Moderate (swing vote) C. Thomas Bush Sr. Conservative A. Scalia Reagan Conservative R.B. Ginsburg Clinton Liberal Chief Justice John G. Roberts Jr. G.W. Bush Conservative

37. So You Want to Go to the Supreme Court? • 8,000 potential cases/year  80 cases heard (1%) • 75% from Federal Appeals Courts • 25% from State Supreme Courts • 2 main reasons why the SC would hear a case… • There are very differing opinions from lower courts • The case revolves around critical national policy issues • abortion, affirmative action, marriage, ACA, gun rights, voting rights, etc

38. Supreme Court Decisions • Majority Opinion – the opinion of the majority of the justices, the court’s ruling • Concurrent opinion – the opinion of those who agree with the majority’s ruling, but for different reasons • Dissenting opinion – the opinion of the justices who do not agree with the majority. • Supreme Court decisions do not have to be unanimous – many are 5-4 decisions

40. International Courts • The United Nations (UN) and other organizations have developed courts to apply and enforce international law. • International Court of Justice (1946) • UN’s judicial Court • Netherlands • Disputes between nations • International Criminal Court – “The Hague” (2003) • Independent of UN • Netherlands • Human rights issues – genocide, crimes against humanity, war crimes

41. The US and the ICC Bush Administration Obama Administration Did not ratify its creation in 2003 Hostile relationship Afraid US citizens would be treated unfairly. Wanted US citizens to be immune from trial in the ICC. However, the US openly supported ICC trials for war crimes in Darfur, Sudan. Engaged in talks to reset relationship with ICC Aims for a positive, cooperative relationship Openly supports trials for war/humanity crimes. However, no official move to ratify the ICC.