Lessons, Educational Activities, and Programs about the Mecklenburg County Court System For Teachers Revised: March 2015
LEAP Into the Courts Dear Mecklenburg County School Teachers, Welcome to LEAP into the Courts: Lessons, Educational Activities and Programs about the North Carolina court system, and, more specifically, the 26th Judicial District. With its multiple layers, rules and procedures, the North Carolina court system can be confusing. For many people, the only contact they will have with the court system is through jury duty. While jury duty is a vital part of the court system, there is so much more information about the courts that is important for students to know and understand. To assist teachers in educating students about the justice system, our Community Access and Outreach division has created a bank of lesson plans and classroom activities tailored to the State of North Carolina and Mecklenburg County. From the role of juries and the process of jury selection to the differences between civil and criminal court cases and possible careers in the court system, the following resources will provide a basic understanding of the operation of the North Carolina General Court of Justice in the 26th Judicial District, Mecklenburg County. To better serve the needs of teachers, each lesson plan specifies a corresponding competency goal or objective as determined by the North Carolina State Board of Education. These resources have primarily been focused to those students taking the courses tenth grade Civics and Economics and Contemporary Law and Justice. In addition to these classroom tools, the Community Access and Outreach division has two programs, our speakers bureau (Speak Now!) and our court tour program, to make the Mecklenburg County judicial system more accessible to students and teachers. More information on both of these programs can be found in the included brochure, on our website: http://www.nccourts.org/County/Mecklenburg/Community/Default.asp or by calling Charles Keller, Jr., Community Access and Outreach Administrator at (704) 3477864. We hope you can use all of our resources to enrich the education of your students.
Sincerely,
Todd Nuccio Trial Court Administrator 26th Judicial District 832 E. Fourth St., Suite 4420 Charlotte, NC 28202 Telephone: (704) 686-0265 Fax: (704) 686-0340
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Table of Contents Mission Statement of the 26th Judicial District…….………………………..4 Talking Point: The Importance of an Independent Judiciary……………......5 Lesson Plan on Court Structure……………………………………….……14 To comply with N.C. state objectives 2.01-2.04 and 3.03 of Contemporary Law and Justice Positions in the NC Courts: Elected vs Appointed…………………………39 Paying for the Courts…………………………………………………….....43 Lesson Plan on Civil and Criminal Court Cases…………………….……..44 To comply with N.C. state competency goal 6 of tenth grade Civics and Economics and N.C. state competency goal 2 of Contemporary Law and Justice; To comply with Boy Scout Law merit badge requirement 3
Lesson Plan on Plea Bargaining ……………...…………………………….52 Lesson Plan on Jury Service in North Carolina…………………………….57 To comply with N.C. state objective 4.07 for tenth grade Civics and Economics; To comply with Boy Scout Law merit badge requirement 2.b.
Lesson Plan on Jury Selection (Voir Dire)…………………………………64 To comply with N.C. state objective 4.07 for tenth grade Civics and Economics
Mock Trial..………………………………………………………………...83 To comply with Boy Scout Law merit badge requirement 6.b. and Girl Scout Cadet/Senior Law and Order Interest Project patch, Career Exploration requirement 4
Careers in the North Carolina Court System.……………………………..112 To comply with Boy Scout Law merit badge requirements 8 and 9
Double Jeopardy (Cumulative Game)…………………………………….118 Glossary of Legal Terms…………………………………………………..121 Speak Now! 26th Judicial District Speakers Bureau………………………147 To comply with Girl Scout Cadet/Senior Law and Order Interest Project patch, Service Project requirement 1.
Mecklenburg County Courthouse Tour Program…………………………150
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26th Judicial District Mission Statement
To provide fair and accessible justice to the community is the fundamental mission of the Court and its justice partners in Mecklenburg County. We are committed to working collaboratively with the community to prevent and solve problems to enhance the quality of life for all. In the state’s largest and most complex judicial district, we administer, deliver and uphold justice with a commitment to the fundamental values and principles of
Fairness Justice Integrity Respect Wisdom Cooperation Quality Community Responsibility
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Talking Point: The Importance of an Independent Judiciary "The law makes a promise---neutrality. If the promise gets broken, the law as we know it ceases to exist.” - Supreme Court Justice Anthony M. Kennedy What is “judicial independence? Judicial independence means that judges are free to decide cases fairly and impartially, relying only on the facts and the law. It means that judges are protected from political pressure, legislative pressure, special interest pressure, media pressure, public pressure, financial pressure, or even personal pressure. This idea of judicial independence dates back to the framing of the U.S. Constitution. Our country’s founders, and each state’s founders, worked to protect courts from undue pressure. They knew that it takes fair and impartial decisions to protect our rights—and uphold the rule of law. More than 200 years later, judicial independence is still an important issue. The need to have fair and impartial courts—and judicial independence—is growing. Why is it important to have in independent judiciary? To protect access to justice and our rights under the Constitution, we must defend fair and impartial courts from political interference. The courts are an important part of our democracy and provide essential balance in our government. We cannot let politicians limit access to justice by allowing them to decide the cases the courts cannot hear. We cannot allow political intimidation of judges to undermine our system of fair and impartial courts. The courts are accountable to the Constitution and Bill of Rights and not to politicians or special interest groups. No one expects judges to be perfect, or please everyone. This is why there are mechanisms to hold judges accountable. Rulings can be appealed up to the Supreme Court. Laws can be changed. Wrongdoing and ethical violations can be punished. In most states, judges must stand for re-election. When considering the importance of having an independent judiciary, keep the words of Tennessee Supreme Court Justice Adolpho A. Birch, Jr. in mind: "Judicial independence is the judge's right to do the right thing or, believing it to be the right thing, to do the wrong thing." Re-printed with permission from Justice at Stake. For more information on judicial independence, visit: www.justiceatstake.org
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Lesson Plan on Judicial Independence High School Students (Grades 7-12) Independent Courts: How Important Are They? What Is Judicial Independence? Time: 1-2 class periods Overview: This activity asks students to explore what judicial independence is and why it is important. Students are given a quick overview at the history of judicial independence here and abroad, then are asked to look at some scenarios to determine which actions may violate judicial independence. A final exercise asks students to relate the process of becoming a judge in three jurisdictions to ensuring judicial independence. Objectives Students will Determine why judicial independence is important by understanding its place in our history and how unusual it is in other parts of the world. Determine what constitutes judicial independence by looking at some practices that may violate it. Understand the link between methods of selecting judges and judicial independence by examining the process of becoming a judge in three jurisdictions. Preparation Be sure to talk with the teacher in advance about this activity. Provide the teacher with a copy of the activity. This activity is enhanced if delivered by a judge, lawyer, or member of the judicial district's nomination committee or judicial performance committee. Otherwise, they should serve as a resource person. Materials Sufficient copies of the following handouts for class distribution. Handout 1: Independent Courts in the U. S. Handout 2: Do These Practices Violate Judicial Independence? Handout 3: Judicial Selection Methods—An Overview Handout 4: Teresa Wants to Be a Judge
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LEAP Into the Courts Introduction Begin the class by introducing yourself to the students. As you do so, remember when you were this age and what you might like to know about other people. Be sure to provide a brief explanation of why you are in the classroom on this particular day. If you have an official Law Day poster, hang it where all can see it. You might consider saying the following, in your own words. Today, throughout the United States, we are celebrating Law Day. I believe it is very special because I work in the legal field and am very proud of the work I do. But, more importantly, it is special because it allows us to stop and think about our country, the United States of America, and the freedoms we all share. It is also special because this day provides us with an opportunity to talk about the laws that protect us and provide us these very special freedoms. Establish a focus for the activity by asking the students to describe what they think of when they hear the words "independent courts" or "judicial independence." Allow for several responses. Explain that today you will be discussing this concept with them and asking them how it works in practice. Activity 1. Begin by noting how rare judicial independence is in the most parts of the world. About 15 years ago, judges in the Soviet Union often used a concept called "telephone justice" to render their decisions: They would call the Communist Party leadership and ask, "What does the party want in this case?" and then rule accordingly. Not surprisingly, judges, courts, and the law in general were held in very low regard in the Soviet Union. In the not too distant past, Russian presidents often declared rulings by the highest court null and void because they did not like them. In South Africa, until its new Constitution took effect in 1994, the all-white, undemocratic Parliament had final say on the constitutionality of laws, not the courts. In Latin America, people often criticize their governments for having laws on their books that are not enforced by either the courts or the police. 2. Define judicial independence. Judicial independence in a democracy means acting impartially, making just decisions, and being perceived to act without the undue influence of outside forces. Professor John Ferejohn of Stanford University maintains that an independent judiciary upholds three critical values for a democratic society: (1) The rule of law: ensuring that every individual, of whatever social standing, is subject to the same protections and restrictions under the law and that powerful people do not manipulate legal proceedings; (2) Constitutional integrity: preserving the ability of the Constitution to protect our
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LEAP Into the Courts freedoms and order our society by ensuring that one societal institution has the power to overturn laws that violate the Constitution; and (3) Enforcement of the law: guaranteeing that legitimate laws will actually be enforced, not simply stated as theory. Independent courts are an integral part of the U.S. system of government. Under the Constitution's system of checks and balances, one role of the courts is to restrain the legislative and the executive branches by ruling actions void when they violate the Constitution. This power was first exercised in 1803 in the case of Marbury v. Madison. 3. What is judicial independence in practice? Distribute the handout on Independent Courts in the U. S. and give students a few minutes to read it. Then divide the class into several small groups and distribute the handout on the judicial independence activity. Ask each group to consider whether each "practice" violates judicial independence. Give them five to ten minutes to discuss the items and decide, by majority vote, whether or not each of these practices violates principles of judicial independence. Then ask one group to report on its findings on situation one. Ask the other groups whether they concur. Ask why students reached the decision they did. Why did they think the situation violated, or did not violate, judicial independence? Then ask another group to report on its findings on situation two, and repeat the process until all situations have been fully discussed. The discussion should clarify what judicial independence is, why it is important, and what does (or does not) violate it. 4. Conclude by looking at the selection of judges and how it impacts judicial independence. Tell students that the methods by which judges are selected have a very strong impact on the ability of judges to be independent. The federal method of selecting judges is very conducive to judicial independence. The President nominates all federal judges for a life term, and they are confirmed or rejected by a vote of the U.S. Senate. They can only be removed by impeachment, which has happened very rarely in American history. Though the federal process gains more prominence in the media, most jurists in the United States are state judges. There are more than 30,000 judges in the 50 states, 87 percent of whom—in 39 states—must face voters regularly in some type of popular election. The election structure differs among the states, though most judges are elected in nonpartisan contests, meaning that they do not run under the banner of one political party. Distribute to students the handouts "Teresa Wants to Be a Judge" and "Judicial Selection Methods—An Overview." Ask students to read them, then pose the questions about where she should seek to become a judge. This should help students see the very different methods of judicial selection. The third question asks students to link these methods to the degree of independence Teresa would have under each system.
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LEAP Into the Courts If there is time, you might go on to discuss some of the issues with judicial selection methods. Note the problems with even nonpartisan elections. Organizations such as the American Bar Association have criticized elections, saying they undermine the independence of judges. Recently, a report by the Committee for Economic Development (CED) concluded, "elective systems tend to undermine the independence and impartiality of the judiciary" and called on leaders to "take actions to initiate reforms that would eliminate judicial selection by election." If the election system is to be changed, what is the alternative? Many believe that the nomination and confirmation system laid out in Article III of the Constitution is the best method of safeguarding judicial independence, but only a few states have moved from straight elections to a gubernatorial or legislative nomination process. Only one, Rhode Island, has gone to the federal system of lifetime appointments. The most popular alternative to straight elections is known as the "Missouri Plan." Under the Missouri Plan, a nominating commission comprising lawyers and laypersons, often chaired by a respected judge, would propose the names of potential judges. The commission in some cases has the power to name the judges outright; in others, it sends a name or names to the governor of the state who makes the final selection. The system, often referred to as "merit selection," is supported by many who believe it results in a much higher caliber of judge than elections or straight appointments by a governor, who may appoint political cronies or campaign contributors. Another aspect of the Missouri Plan that has been widely adopted is that of "retention elections." Generally this means that the name of a judge who was initially appointed through a nominating commission or another type of merit selection is placed on the ballot after the judge has served for a term. The voters then vote "Yes " or "No" to retain or not retain this judge for another term. The advantage of this system is that the judge does not have to run against another candidate. Yet the retention system does not eliminate all the dynamics of judicial elections—candidates still take positions and campaign for contributions. This activity was written by Ed O'Brien, Executive Director of Street Law, Inc. It is adapted from a longer article that is posted on the ABA Division for Public Education website.
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What Is Judicial Independence? Handout 1 Independent Courts in the U.S. We inherited our system of judicial independence from Great Britain. In the 1600s citizens spoke out against the dependence of judges on the monarchy. The king or queen could assign judges to the bench and then remove them summarily if they did not represent the sovereign’s interests. These complaints resulted in the Bill of Rights of 1689, which provided English judges a measure of constitutional protection, including the promise that they could serve during “good behavior.” This is a term later included in Article III in our own Constitution, which protects judges from being removed at the political whims of executive or legislative officeholders. Though judges in Britain developed some independence, their counterparts in the American colonies remained essentially Crown officers, whose duty was to enforce British policies and law, leading to frequent conflicts with the colonists. This led Americans to embrace the idea of the jury trial, which took some power away from these not-so-independent judges. When independence came, the framers of the Constitution worked to create a third branch of government that was relatively independent of the executive and the legislative branches. In Article III, Section I, the U.S. Constitution provides, “The Judges, both of the supreme and inferior Courts, shall hold Officer during good Behaviour.” Section 1 also states, “The Judges... shall at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.” These provisions ensure lifetime appointments for federal judges, making it difficult to remove them except through cumbersome impeachment proceedings. They also prevent Congress from lowering their salaries during their terms of office. Those who criticize the life appointments of federal judges say that this system limits accountability. But the framers of the Constitution, in giving the power of the purse to Congress, provided for some oversight of the judiciary by the legislative branch. This oversight is frequently exercised through the Congressional budget process. The federal judiciary must submit a proposed budget each year to Congress, which frequently holds hearings to inquire into issues such as how the courts are using their money, how many cases they have heard in the past year, and how many judges are really needed.
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What Is Judicial Independence? Handout 2 Do These Practices Violate Judicial Independence? Judges are not in ivory towers. They are part of the community. Here are a series of ways the community interacts with their work. Which of these practices violate judicial independence? Should these practices be allowed or prohibited? 1. Judge Frank Toms has ruled that demonstrators must not come closer than 100 feet to women seeking counseling or abortion services at clinics. The local newspaper writes an editorial criticizing him, and people picket in front of his home. 2. At a party at the home of a friend, Margaret Warner, who is the head of a company, meets Judge Jones, who is presiding over a case in which executives of a large corporation are on trial for releasing false statements regarding the corporation’s economic performance during the past year. Warner says to Jones, “I think it is very unfair the way the government is prosecuting corporate executives these days for things that are not their fault.” 3. XYZ Electronics Corporation gave $10,000 to the campaign of Judge Sanchez when he was running for office two years ago. XYZ’s biggest client is Johnson Television Co., which buys parts from XYZ. The Johnson Co. comes before Judge Sanchez as a defendant in a lawsuit filed by some of its female employees for sexual harassment. 4. Certain state legislators are very upset by a recent written decision by the state Supreme Court’s Chief Judge. They threaten to cut the budget of the Court next year. 5. The state Supreme Court does not like the decision of a trial court in the state that allowed vouchers to be used to pay for private and parochial schools. The state Supreme Court reverses the decision on the grounds that it violated the state constitution’s clause calling for separation of state and church. Is this an abuse of judicial independence? 6. A judge has been known to have an alcohol problem and sometimes drinks at lunch and then presides over the court in the afternoon. His case is referred to a Commission on Judicial Discipline in the state. 7. The U.S. Supreme Court has held that burning the American flag, if performed as a political statement (e.g., to protest a war), is not a crime but an act protected by the freedom of speech clause in First Amendment. Members of Congress introduce a law that says the Court can no longer review flag-burning cases.
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What Is Judicial Independence? Handout 4 Teresa Wants to be a Judge Teresa Rodriguez has just graduated from law school in California, where she has lived for the past three years. She has done very well in law school, has been recognized by a number of law professors as a good student, has a number of law student friends who come from California, and has been actively working in opposition to Proposition 26, a statewide referendum to end affirmative action. Teresa has been offered a job as a public defender in California. Teresa comes from Texas, where her family has lived for 30 years and where her father is an official in the local Democratic Party. She has worked on campaigns for family friends and others who have been elected to county offices such as county sheriff, judge and county commissioner. Teresa has been offered a job in the States Attorney’s Office prosecuting crime in her hometown in Texas. Teresa has been offered a job with a law firm in Washington, D.C. This law firm is very well respected, and in the past many of its lawyers have been appointed judges in the local District of Columbia courts. Looking at the handout entitled “Judicial Selection Methods—An Overview,” answer the following: 1. Assume that Teresa wants someday to become a judge. What are the arguments for her choosing each of the three places to move to after law school? What are the reasons against moving to each? 2. If you were Teresa, where would you move and why? Consider the job offers, personal reasons, and the likelihood that she can become a judge in each place, taking into consideration its system of selecting judges. 3. One of Teresa’s law school professors asks for her recommendation on the method of judicial selection that would insure judicial independence and select the best judges. If you were Teresa, which method would you recommend and why?
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Lesson Plan on Court Structure To comply with N.C. state objectives 2.01-2.04 and 3.03 of Contemporary Law and Justice Objective: To inform students of the general structure of the North Carolina court system and the operation of the courts. Materials: Teacher’s guide on understanding the included flow charts: “North Carolina Court System,” “North Carolina General Court of Justice Routes of Appeal,” “South Carolina Court System,” “California Court System,” and “New York Court System;” handout “The 26th Judicial District’s Specialty Courts and Programs,” an overview of the various court programs; “Vocabulary,” a list of terms relevant to the study of the courts; a word search on the vocabulary; and vocabulary fill-in-the-blank student worksheet with accompanying teacher key. General Information: The North Carolina court system, called the General Court of Justice, is composed of the Supreme Court, Court of Appeals, and Trial Courts. The Trial Courts are divided into Superior and District courts, both of which hear civil and criminal cases. Generally, the Superior Court rules on more complex cases than those heard in District Court. Judges, elected by voters or appointed by North Carolina’s governor when a vacancy arises mid-term, preside over every case. In cases where a jury is requested, an impartial jury reaches a decision. This system is diagramed in the enclosed flow chart. For comparison, the court systems of South Carolina, California and New York are also enclosed. Also under the North Carolina trial courts are specialty courts and programs that deal with particular issues or cases and alternative means of resolution besides a court verdict. For example, the STEP Drug Treatment Court focuses on rehabilitation and treatment for those nonviolent defendants facing drug charges. The Environmental Court hears cases pertaining to quality of life issues, like housing and waste problems. Environmental Court is unique to the 26th Judicial District. Each case that enters the court system requires more than just getting a lawyer and going to trial. Planning and organizing go into every case before it reaches the courtroom. Also, a case is not always over once a judge has rendered a verdict. Case managers, counselors, enforcement officers, and/or other personnel in the court system help ensure that the court’s verdict is implemented.
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Teacher’s Guide to Understanding the Following Flow Charts on State Court Systems Mandatory jurisdiction means that the court has the power to decide the matter in controversy and must review the case. Discretionary jurisdiction means that the court has the power to decide the matter in controversy, but is not required to decide the case. Interlocutory cases are those that are temporary; not final. It means there is something intervening between the beginning and the end of a lawsuit, which decides some point or matter of the case, but is not the final decision of the entire lawsuit. Those boxes that are outlined in a dashed line mean that these courts are assigned cases, and cases do not automatically go into the court’s caseload.
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North Carolina Court System Supreme Court
7 justices Has mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary, and interlocutory decision cases Has discretionary jurisdiction in civil, criminal, administrative agency, juvenile, advisory opinions for the executive and legislature, original proceeding, and interlocutory decision cases
Court of last resort
Court of Appeals
15 judges Has mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, and original proceeding cases Has discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding, and interlocutory decision cases
Intermediate appellate court
Superior Court
65 elective districts, 95 judges Handles tort, contract, real property rights (over $25,000), and miscellaneous civil cases. Exclusive adoption, estate, and administrative agency appeals jurisdiction Has felony, misdemeanor and criminal appeals jurisdiction Conducts jury trials
Court of general jurisdiction
District Court
43 elective districts, 226 judges, 706 magistrates Handles tort, contract and real property rights cases ($10 25,000) Exclusive small claims ($$1-10,000), domestic relations (except adoption), mental health, miscellaneous civil jurisdiction Has felony, misdemeanor, DWI/DUI, traffic/other violation jurisdiction Has exclusive juvenile jurisdiction Holds preliminary hearings Jury trials in civil cases only
From State Court Caseload Statistics, 2001, printed by the National Center for State Courts
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Court of limited jurisdiction
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North Carolina General Court of Justice Routes of Appeal Supreme Court
Utilities Commission general rate-making cases
I. Appeals As of Right: 1. Constitutional questions; 2. When dissent in Court of Appeals II. By Certification in Supreme Court’s Discretion:
Before Court of Appeals hearing: 1. Significant public interest; 2. Legal principles of major significance; 3. Delay would cause substantial harm; 4. Court of Appeals has backlog.
After Court of Appeals hearing 1. Significant public interest; 2. Legal principles of major significance; 3. Court of Appeals in conflict with Supreme Court decision; 4. On motion of state, in criminal cases.
Court of Appeals Utilities Commission.* (other than rate-making) Industrial Commission N.C. State Bar Board of State Contract Appeals Dept. of Human Resources [G.S. 131E-188] Commissioner of Banks Administrator of Savings and Loans Governor, in Waste Management Act Cases
All except imposition of death sentence in firstdegree murder cases and guilty plea cases**
Convictions imposing death sentence in first-degree murder cases
Superior Court
All civil, juvenile, and involuntary commitment cases on record
All criminal cases for trial de novo
Appeals from administrative agencies generally
District Court Magistrate
* Appeals from the agencies must be heard by Court of Appeals before Supreme Court can hear them. ** Post-conviction hearing appeals and reviews of valuation of exempt property under G.S. Ch. 1C are final with the Court of Appeals From The Judicial System in North Carolina, by the Administrative Office of the Courts, 2000
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South Carolina Court System Supreme Court
5 justices (10 year terms, no limit to number of terms) Has mandatory jurisdiction in civil, capital criminal, criminal, juvenile, disciplinary, certified questions from federal courts, original proceeding, and interlocutory decision cases Has discretionary jurisdiction civil, noncapital criminal, administrative agency, juvenile, original proceeding, and interlocutory decision cases
Court of last resort
Court of Appeals
9 justices Has mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, and original proceeding cases assigned by the Supreme Court Has no discretionary jurisdiction
Intermediate appellate court
Circuit Court
16 circuits, 49 judges and 21 masters-in-equity (6 year terms) Handles tort, contract, real property rights, miscellaneous civil cases; has exclusive civil appeals jurisdiction Handles misdemeanor (over 30 days), DWI/DUI (2 nd offense or greater); has exclusive felony, criminal appeals, miscellaneous criminal jurisdiction Jury trials except in appeals
Family Court
Court of general jurisdiction
Magistrate Court
16 circuits, 52 judges Has exclusive domestic relations jurisdiction Handles traffic/other violation (juvenile cases only) Juvenile cases No jury trials
286 courts, 300 magistrates (4 year terms) Handles tort, contract, real property rights ($0-$7,500), small claims ($7,500) Handles misdemeanor, DWI/DUI (up to 30 days and/or $500), and traffic/other violations Holds preliminary hearings Jury trials
Probate Court
Municipal Court
46 courts, 46 judges (4 year terms) Hs exclusive jurisdiction over mental health, estate and of minor settlements under $25,000 No jury trials
200 courts, 300 judges (terms of 2-4 years depending on municipality) Handles misdemeanor, DWI/DUI (up to 30 days and/or $500), traffic/other violations Holds preliminary hearings Jury trials
From State Court Caseload Statistics, 2001, printed by the National 18 Center for State Courts
Courts of limited jurisdiction
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California Court System Supreme Court
7 justices Has mandatory jurisdiction in capital criminal and disciplinary cases Has discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding and interlocutory decision cases.
Court of last resort
Court of Appeals
6 courts, 105 justices Has mandatory jurisdiction in civil, noncapital criminal, administrative agency, and juvenile cases Has discretionary jurisdiction in administrative agency, original proceeding, and interlocutory decision cases
Intermediate appellate court
Superior Court
58 counties, 1705 judges (6 year terms) Handles tort, contract, real property rights ($25,000/no maximum), and miscellaneous civil cases. Has exclusive domestic relations, estate, mental health, and civil appeals jurisdiction Handles felony, DWI/DUI cases. Has exclusive criminal appeals jurisdiction Exclusive juvenile jurisdiction Jury trials except in appeals, domestics relations and juvenile cases
From State Court Caseload Statistics, 2001, printed by the National Center for State Courts
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Court of general jurisdiction
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New York Court System Court of Appeals Court of last resort
Inter-mediate appellate court
Courts of limited jurisdiction
7 judges Has mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, and original proceeding cases Has discretionary jurisdiction in civil, criminal, administrative agency, juvenile, disciplinary, and original proceeding cases
Appellate Divisions of Supreme Court
Appellate Terms of Supreme Court
4 courts, 55 justices sit in panels Has mandatory jurisdiction in civil, criminal, administrative agency, juvenile, lawyer disciplinary, original proceeding, and interlocutory decision cases Has discretionary jurisdiction in civil, criminal, juvenile, original proceeding, and interlocutory decision cases
3 terms, 15 justices sit in panels Has mandatory jurisdiction in civil, criminal, juvenile, and interlocutory decision cases Has discretionary jurisdiction in criminal, juvenile, and interlocutory decision cases
Supreme Court
County Court
12 districts, 346 judges, plus 50 “acting” judges and 12 quasi-judicial staff Handles tort, contract, real property rights, and miscellaneous civil cases. Has exclusive marriage dissolution jurisdiction Handles felony, DWI/DUI, and miscellaneous criminal cases Jury trials
57 counties, 128 judges Handles tort, contract, real property rights ($0/$25,000), and miscellaneous civil cases. Has trial court appeals jurisdiction Handles felony, DWI/DUI, miscellaneous criminal, and criminal appeals cases Jury trials
Court of Claims
Surrogates’ Court
1 court, 72 judges (of which 50 act as supreme court judges) Handles tort, contract, and real property rights cases involving the state No jury trials
62 counties, 30 surrogates Handles adoption and estate cases Jury trials in estate cases
Family Court 62 counties, 126 judges (plus 81 quasi-judicial staff) Handles domestic relations (except marriage dissolution), and guardianship cases. Has exclusive domestic violence jurisdiction Has exclusive juvenile jurisdiction No jury trials
Civil Court of the City of New York 1 court, 120 judges Handles tort, contract, real property rights ($0/$25,000), small claims ($3,000), miscellaneous civil and administrative agency appeals Jury trials
City Court District Court 2 counties, 50 judges Handles tort, contract, real property rights ($0/$15,000), small claims ($3,000), and administrative agency appeals Handles felony, DWI/DUI, traffic and ordinance violations Holds preliminary hearings Jury trials except in traffic cases
Criminal Court of the City of New York 1 court, 107 judges Handles misdemeanor, DWI/DUI, traffic, and 20 ordinance violations Holds preliminary hearings Jury trials for highest level misdemeanor cases
49 courts in 61 cities, 158 judges Handles tort, contract, real property rights ($0/$15,000), and small claims ($3,000) Handles felony, misdemeanor, DWI/DUI, traffic and ordinance violations Holds preliminary hearings Jury trials for highest level misdemeanor
Town and Village Justice Court Approx. 1300 courts, approx. 2200 judges Handles tort, contract, real property rights, small claims ($0-$3,000) Handles misdemeanor, DWI/DUI, traffic, and miscellaneous criminal cases Holds preliminary hearings Jury trials in most cases
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A History of NC Court Structure and Organization Under Article IV of the N.C. Constitution, the Judicial Branch is established as a co-equal branch of our state government. North Carolina’s court system, called the General Court of Justice, is a unified statewide and state-operated system consisting of three divisions: the Appellate Division, the Superior Court Division and the District Court Division. Before 1966 North Carolina operated under a hybrid court system with a supreme court (the appellate court) and a superior court (general jurisdiction trial court) funded by the state and uniform statewide. But lower courts were operated and funded by cities and counties, and jurisdiction of the courts varied. In one county a municipal court might handle certain types of cases, while in another county, a different court would handle the same matters. At one time North Carolina had 256 various lower courts. [Readers interested in a history of North Carolina courts should read “The Courts of Yesterday, Today and Tomorrow” Popular Government Vol. 24 No. 6S (March 1958).] Clerks of superior court and justices of the peace worked on a fee basis: A justice of the peace received a fee upon finding a defendant guilty, but no fee if the defendant was found not guilty. Needless to say, that procedure alone caused much consternation about the judicial system. In the 1950s the North Carolina Bar Association appointed a committee to study the court system. The committee, named the Committee on Improving and Expediting the Administration of Justice in North Carolina, was known as the “Bell Commission” because its chairman was J. Spencer Bell, an attorney from Charlotte. After a thorough study, the Bell Commission recommended a complete restructuring of the judicial system to the General Assembly. In 1962 the voters of North Carolina approved a constitutional amendment creating North Carolina’s present court system, and the system began operation in 1966. Jurisdiction of the courts of North Carolina is now uniform throughout the state. At the trial level, original jurisdiction over misdemeanors, minor civil cases, juvenile matters and domestic relations was taken from the superior court and given to the district court, and the many varied city and county courts were replaced by a uniform district court system. The justices of the peace and mayor’s courts were replaced by magistrates, who operate within the District Court Division. On the appellate level, an intermediate appellate court—the Court of Appeals—was created in 1967 to relieve the heavy caseload of the Supreme Court. Among the significant changes brought about by this uniform judicial system was the centralization of administration and budgeting. All court personnel are paid by the state; the Administrative Office of the Courts (AOC), under the chief justice, is responsible for developing a single budget for the entire judicial system. When the court system was first implemented in North Carolina, the court saw its role more as a final arbiter of civil disputes and rendering justice to criminals. Now, there are many “problem solving courts” and programs designed to rehabilitate, mediate, and help parties come to decisions through compromise and dialogue rather than having the court decide for them. This has led to the creation of a variety of programs and specialty programs designed to facilitate the courts in their new role as problem-solvers and administering therapeutic justice. 21
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The 26th Judicial District’s Specialty Courts and Programs Innovative Courts Two innovative courts—family and drug treatment courts—are being utilized in North Carolina to deal with certain problems where the traditional adversarial system is not always appropriate. In these two courts the court system becomes a problem solver as well as a decider of facts. Family Court “Family courts,” have been created set up to deal with multiple issues such as divorce, child custody, child support, alimony, property distribution, and neglect cases. Traditionally the court has dealt with each issue as a separate, individual case before whichever judge was assigned to hold court the date of the hearing. Therefore, one judge might hear the divorce matter and another judge the custody matter on another day. Family court now assigns all aspects of the case related to the family to one judge who can gain a complete understanding of the family’s issues and needs. The court also encourages families to resolve conflicts through mediation and will see that services are provided at an earlier stage of the proceedings. Intensive case management services are provided to make sure that cases move through the system as quickly as possible and the court takes on the responsibility of coordinating available court and community resources needed by a particular family.
STEP Drug Treatment Court A second innovative type of court is the drug treatment court, created to address the effect of substance abuse on repetitive criminal behavior. Rather than only punishing a defendant for criminal acts, this court provides intensive treatment and case tracking services in order to reduce defendants’ substance abuse dependence and recidivism. To be eligible for the treatment court, a defendant must be addicted, must want to participate in the program, must not be charged with drug trafficking, and must be eligible for community or intermediate punishment. Most participants are multiple offenders for whom other programs have been unsuccessful. In drug treatment courts, the judge, prosecutor, defense attorney, probation officer, community policing officer, treatment provider and case manager work together in an on-going, non-adversarial fashion not only to ensure that defendants in the program are given appropriate resources to address their treatment needs, but also to hold defendants accountable for their behavior while in the program. Defendants must undergo intensive treatment, followed by therapy for at least one year. Each participant must undergo drug tests, be employed or attending school, and attend frequent court hearings. There are also juvenile drug courts for non-violent juvenile offenders whose drug or alcohol abuse is affecting their lives
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LEAP Into the Courts as well as family drug courts that work with drug-abusing parents who are in danger of losing custody of their children due to abuse or neglect charges.
Specialty Courts Business Court In 1995, the North Carolina Supreme Court, by rule, designated a Special Superior Court Judge for Complex Business Cases. The court was created to make the court system as responsive and predictable as possible in dealing with complex corporate issues and is patterned on a similar system in Delaware. The chief justice, a senior resident superior court judge, chief district court judge, or presiding superior court judge may designate a case as complex business, and it is automatically assigned to a Special Superior Court Judge for Complex Business Cases. Although the rule does not define “complex business case,” cases involving significant issues under the Business Corporation Act; Professional Corporations; Limited Liability Companies; Partnerships; Securities Act; Tender Offer Disclosure Act; and Investment Advisors Act will be designated as complex business cases. A key factor in deciding whether to designate a case as a complex business case is whether the outcome will have implications for business and industry beyond the conflicts of the parties to the litigation. The designation of a case as a complex business case results in the assignment of litigation to one judge for handling all of the pretrial matters as well as the trial of the case, which differs from the normal superior court procedure of having whichever judge is assigned under the rotation system hold court for that week to hear the particular issue on the calendar. Specialization also allows the judge to develop proficiency in both the substantive law and case management issues that arise in complex business cases. In turn, that increased level of expertise will lead to greater efficiency and predictability.
Child Support Court There are two types of court devoted to hearing child support issues: one for Child Support Enforcement cases and the other for Clerk’s cases. They involve enforcement for nonpayment, as well as motions to modify child support. A District Court judge presides over both sessions. Once a court order is established, Child Support Enforcement (CSE) works to ensure that both parents are responsible for the financial support of their children to the best of their ability. Domestic Violence Court Two courts are dedicated to issues of domestic violence: civil domestic violence court, which hears self-represented domestic violence cases, is considered an emergency court. A plaintiff or victim may request an order telling the defendant or abuser to stay away. This can be accomplished twenty-four hours a day. For civil cases, a filing plaintiff will have access to 23
LEAP Into the Courts the judge during business hours. After five o'clock, filing plaintiffs and victims may proceed to the jail to have a Magistrate contact a District Court Judge in case of emergency. Criminal domestic violence court addresses cases where a defendant has been charged by the State with a criminal offense. A District Court judge presides over both courts. Victim's Assistance representatives are present in the courtroom to assist those plaintiffs/victims in need of further aid.
Environmental Court In recognition of the fact that dilapidated housing, trashy lots and stray animals often create a breeding ground for criminal activity, the 26th Judicial District partnered with the City of Charlotte and Mecklenburg County to create a Court dedicated solely to these issues. Environmental Court is conducted once a month by the Chief District Court judge where special emphasis is placed on problems related to housing, community health, solid waste, fire, building and zoning violations. The result is strict adherence to environmental laws, which improves the quality of life for affected communities. Small Claims Court Small claims court is part of the District Court Division. It handles civil cases where a plaintiff requests assignment to a magistrate and the amount in controversy is $10,000 or less. The principal relief sought in small claims court is money, the recovery of specific personal property, or summary ejectment (eviction). A magistrate presides over small claims court. There is no jury and usually no lawyers. A person who loses in small claims court may appeal for a trial by jury before a judge in District Court.
Teen Court The Mecklenburg County Teen Court is organized by the Assistance League of Charlotte and exists as an alternative for first-time offenders between the ages of ten and fifteen in misdemeanor cases. These juvenile offenders get a chance to be judged by a group of their peers in the hopes of taking responsibility and learning from their mistakes. Successful completion of the program allows the offender to avoid a permanent criminal record. To be eligible offenders must: Be a first-time offender Have committed a misdemeanor Voluntarily admit to guilt and accept the Teen Court alternative Have a parent or guardian who agrees to support the youth’s participation in the program An eligible offender goes to a court with a jury of their peers deciding the offender’s punishment. Possible sentences may include community service, service on Teen Court juries, letters of apology, restitution, or conflict resolution classes. A Teen Court Program Administrator monitors completion of the sentence. Once all requirements of a sentence are met successfully, the misdemeanor is removed from the offender’s criminal record.
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LEAP Into the Courts Teens can volunteer to serve on Teen Court. Volunteers must: Be between the ages of 11 and 18 Obtain parental permission before volunteering Successfully complete a training program designed to teach them about the law and communication skills Sign an oath of confidentiality Attend a minimum of six court hearings a year
Volunteers may perform the roles of jurors, clerks, bailiffs, defense attorneys or prosecutors. Community service hours and CMS Academic Internship credit may be earned through participation in Teen Court.
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Truancy Court This court is a community collaboration led by Charlotte-Mecklenburg Schools. The primary goals of Truancy Court are to improve attendance of those students in the school system with a history of excessive absences in addition to those with frequent tardiness. The court is based on an intensive 10-week program that involves assistance of school social workers, a superior or district court judge, and other support staff to develop a personalized plan that addresses the child’s issue. The program works by building connections between the school and the parents/guardians of the children while trying to understand their circumstances and the¬¬ root cause of a particular child’s truancy. Judges are present for additional support and provide guidance and accountability for the student throughout the process. Alternative Dispute Resolution In recent years, North Carolina has been experimenting with resolving disputes by methods other than litigation. Court litigation is not the best method for solving all disputes, and the time and cost of litigation has made it important to look to alternative methods of resolving disputes. The North Carolina Bar Association has worked closely with the Administrative Office of Courts in supporting efforts to experiment with methods of alternative dispute resolution (ADR). One basic alternative to court litigation is mediation, a process where an impartial third party promotes an exchange among the parties and suggests possible solutions, but the parties themselves actually reach an agreement as to how to resolve their dispute. North Carolina has an extensive mediation network that operates independently of the court system. Mediation is voluntary, and the parties are not required to reach an agreement. Currently many of the community dispute settlement centers in North Carolina serve more than one county. These dispute settlement centers rely on trained volunteers to serve as mediators. Although many of the centers’ cases are generated privately, they also get referrals from the district court on such matters as assault, larceny, trespass, harassment and communicating threats. Some centers mediate worthless check cases and others conduct mediation programs in public schools. North Carolina also operates court-related mediation programs. In 1991 the General Assembly authorized a pilot program for mediated settlement conferences in superior court cases; today the program is available in all counties. The program requires superior court litigants and their attorneys to participate in a settlement conference with a paid mediator before their case can be tried in court. In 1995, the General Assembly created the Dispute Resolution Commission to administer mediator certification and regulate mediator conduct. The Commission includes judges, mediators, attorneys and citizens. 26
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Mediation also is used in family law cases in the district court. Mediation of child custody and visitation disputes, first begun experimentally in Mecklenburg County, have been endorsed by the General Assembly. Currently several district court districts have courtordered mediation of child custody and visitation disputes, and the program is being expanded to other counties. Mediation is viewed as more desirable than traditional litigation to resolve custody disputes. Unlike contract or tort cases where the parties have no contact after litigation, parents need to cooperate for years in making decisions about their children. Also the “win-lose” approach of the adversarial system often does not promote the best interests of the child. Mediators for the child custody cases are not attorneys, but rather must be trained as mediators, have a graduate degree in a human relations field, and have experience in child development and family dynamics so that issues are resolved with the children’s best interest as the central focus. Another method of ADR is arbitration. An arbitration hearing is an informal legal proceeding held before a neutral court official called an arbitrator. An arbitrator must be a lawyer who has practiced for at least five years, and have been a member of the Bar of the State of North Carolina for at least the last two years of the five year period. Arbitrators must complete a training program and been approved to serve by the Chief District Court Judge in the county where the case is filed. At the hearing, each side of a dispute will have a chance to tell his or her story to the arbitrator. Each side can present witnesses and documents. After the evidence has been presented, the arbitrator will, like a judge, make a decision in the case. If you have been ordered to arbitration by the court, you must attend the hearing, participate in good faith, and pay your share of the fee. Failure to attend an arbitration proceeding may result in the court ordering sanctions against a party. Arbitration is intended to be a simple, inexpensive, and quick way to resolve disputes. To be eligible for court-ordered arbitration, a dispute must have been filed as a case in the North Carolina court system. Also, the party who is being sued typically has responded to the plaintiff’s complaint by filing what is known as an answer. If a case is assigned to arbitration, certain procedures must be followed. In North Carolina, arbitration is not yet available in all one hundred counties. In Mecklenburg County, arbitration is required in every civil case involving a claim for $15,000 or less, with few exceptions. Arbitration is also required after a magistrate’s order in small claims court is appealed, if the case involves a claim for money. In all other cases, the court decides whether the case is eligible for arbitration when the complaint is first filed. Once an answer is filed, the court will send the parties a notice called, “Notice of Case Selection for Arbitration,” which informs the parties the case has been selected for arbitration. The following types of cases are not eligible for arbitration: class actions, cases involving a substantial claim for injunctive or declaratory relief, family law matters, real estate title actions, wills or estate cases, summary ejectments or collection on account cases. From The Judicial System in North Carolina, by the Administrative Office of the Courts, 2000
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Talking Points: 1. What are the differences in District and Superior courts? 2. How does the North Carolina court system compare to other states? How are they similar? How are they different? 3. What are the advantages and disadvantages of the various structures? 4. What is the difference between Mediation and Arbitration? 5. How do Family and Drug Courts differ from traditional courts? 6. Why is it important to have an environmental court? 7. What are the differences between specialty courts and innovative courts?
Lesson Plan on Mediation Lesson Overview Students at this level learn about alternative dispute resolutions (mediation and arbitration) and their places in the legal system. Through role play situations, students will practice these alternative methods of resolving disputes and conflict. If their school does not already have one, students will be encouraged to set up a peer mediation program. Students will be introduced to the fundamental principles of dispute resolution, serve as mediators in various hypothetical situations and learn more about dispute resolution in other cultures.
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HANDOUT #1 What is Mediation? Mediation is a way to resolve problems between people. The people who are in conflict are called disputants and they have agreed to ask a third person or mediator to help them solve their problem. Most mediation is voluntary. In other words, the parties agree to mediate, they agree to the rules that will be followed during the mediation, and to the solution that is reached as a result of the mediation. The mediator’s role is to allow each party an opportunity to tell his/her side of the story; to identify the facts and issues that are in conflict; and to suggest alternatives that would help solve the problem. As a facilitator, the mediator tries to surface underlying concerns and help the parties arrive at a solution to which both sides can agree. Sometimes a mediator may discuss the problem alone with a disputant in order to find out where they can agree. In that case, the mediator brings the parties together to find common ground. Other times a mediator may ask the parties to reverse roles so they can better understand the other person’s position. It may take one meeting or several before a solution is reached that are acceptable to both parties. A mediator cannot force a decision over the parties. If the parties wish, they may write up their agreement in a contract that will be enforceable by law or settlement agreement. Steps of Mediation: Step 1: Introduction The mediator sets the parties at ease and explains the ground rules. The mediator’s role is not to make a decision, but to help the parties reach a mutual agreement. The mediator explains that he or she will not take sides. Step 2: Telling the Story Each party tells what happened. The person bringing the complaint tells his or her side of the story first. No interruptions are allowed. Then the other party explains his or her version of the facts. Step 3: Identifying Facts and Issues The mediator attempts to identify agreed upon facts and issues. This is done by listening to each side, summarizing each party’s views, and asking if these are the facts and issues as each party understands them. Step 4: Identifying Alternative Solutions Everyone thinks of possible solutions to the problem. The mediator makes a list and asks each party to explain his or her feelings about each possible solution. The advantages and disadvantages to each solution are discussed by the parties Step 5: Modifying and Discussing Solutions Based on the expressed feelings of the parties, the mediator revises possible solutions and attempts to identify a solution on which both parties can agree. The mediator may ask to talk with each party individually in order to find out where middle ground can be met. Another technique a mediator may use is called role reversal. This occurs when the mediator asks each disputant to repeat what they hear the other party saying. This requires active listening on behalf of the role players. Step 6: Agreeing on a Solution The mediator helps the parties reach an agreement. The agreement should be written down. The parties should also discuss what will happen if either of them breaks the agreement.
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HANDOUT #2 Mediation Role Play Activity Directions: Read only the role you have been assigned. Act out how the person in each scenario would handle a mediation session. Be prepared to share your group’s solution with the class.
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HANDOUT #3 Mediator’s Information You are a volunteer mediator at the Neighborhood Justice Center. The city attorney diverts to your program minor complaints of vandalism, theft, etc. She has referred this matter to you for an out-of court resolution. Mr. / Mrs. Wilson has complained that Dennis/Denise through a brick through the windshield of his car. The city attorney, rather than treating this as a criminal matter, prefers that the parties solve their own problem through mediation. You should explain that the parties should make a good faith effort to solve their problem here and now as any criminal case will involve much more time and effort on the part of both parties. Try to reveal the parties’ underlying concerns and urge them to come up with their own solution.
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HANDOUT # 4 Mr. /Mrs. Wilson’s Confidential Instructions You have filed a complaint against Dennis/Denise the Menace with the City Attorney. The lawyer in the City Attorney’s office referred you to the local Neighborhood Justice Center which scheduled a mediation hearing. You are not sure what mediation is about, but you are angry with Dennis/Denise and you think that he/she should be punished for this act of vandalism. Dennis/Denise broke the windshield on your car by throwing a brick through it. You did not see Dennis/Denise throw the brick, but just before the windshield was broken you and Dennis/Denise had exchanged angry words. You had gone into the house and a short time later came out to find the windshield broken. You want Dennis/Denise to pay for the damage. You have one estimate for $700 from a local Oldsmobile dealer. You have insurance that could cover the damage, but you would have to pay a $200 deductible. You want Dennis/Denise to pay the full amount because you fear your insurance rates would rise if you submit a claim. You have lived next to Dennis/Denise ever since he/she was born, 18 years ago. You have watched him/her grow up and until lately you have always shared a special relationship with Dennis/Denise. Ever since he/she graduated from high school, he/she has not had time to visit with you and you miss the special times you had together. Shortly before the brick incident, you asked Dennis/Denise why she/she hadn’t mowed your lawn that week as you hired him/she to do. You don’t understand kids these days and think Dennis/Denise has turned into a selfish member of the “me” generation.
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HANDOUT # 5 Dennis/Denise’s Confidential Information Mr. /Mrs. Wilson have filed a complaint against you with the City Attorney and the local Neighborhood Justice Center. Mr. Wilson claims that you broke the windshield in his car by throwing a brick through it. The Neighborhood Justice Center has scheduled a mediation hearing. You don’t know exactly what this means, but you are worried because you have just turned eighteen and don’t want this to become a criminal matter in adult court. You did break the window in a fit of anger. However, the incident happened last Saturday in the early evening just as it was getting dark, and you are pretty sure that no one saw you. You are eighteen years old and have known Mr. /Mrs. Wilson all your life. When you were a kid, you used to spend a lot of time visiting the Wilsons. Mr. /Mrs. Wilson often took you to sporting events as a special treat. Since junior high you have been hired by the Wilsons to mow their lawn every week during the summer. Since graduating from high school, you have been too busy working two jobs (to save money for college) and sometimes forget to mow Mr./ Mrs. Wilson’s lawn. You have never explained to Mr. / Mrs. Wilson why his/her lawn hasn’t been done. Last Saturday, you had just turned in the driveway when Mr. / Mrs. Wilson ran out of his house to talk to you. In a screaming voice he yelled how irresponsible and untrustworthy you were. You were embarrassed and responded by yelling back. Mr. /Mrs. Wilson slammed the door as he/she went inside. You went in your house, but just thinking about the incident make you angry and later, in a fit of rage, you picked up the brick and threw it. You did not intend to hit the windshield. You are embarrassed about acting childishly and you would rather Mr. /Mrs. Wilson didn’t know that you broke the windshield, but you do value Mr. /Mrs. Wilson’s friendship. You are unwilling to pay for the windshield because you assume Mr. /Mrs. Wilson has insurance that will replace the windshield.
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Alternative Dispute Resolution Vocabulary COMMUNICATE Some conflicts start because people misunderstand each other. Talking things out and explaining might take care of it. NEGOTIATE When two or more people decide to work out a conflict themselves, they might follow a set of steps. The steps help them work out the conflict or negotiate. MEDIATE Sometimes people want to work out a problem but have trouble negotiating. They might ask someone to help them. That person is called a mediator. The mediator is a non-biased neutral whose goal is for the parties to reach a resolution. He or she mediates the conflict by helping the people work it out. The mediator does not tell the people what to do; he or she helps them decide for themselves. ARBITRATE Sometimes a mediator does solve people's problems. Then he or she isn't called a mediator. He or she is called an arbitrator. When people ask an arbitrator to help them, they must agree to do whatever the arbitrator suggests. For example, when you purchase a vehicle in North Carolina, you sign a contract that directs you to binding arbitration if you have a dispute. LITIGATE When people can't work out their conflict themselves, they may go to a court and have a trial. They hire lawyers and go before a judge. A judge is like an arbitrator. The lawyers try to convince the judge that their client is right. The judge decides who is right according to the law and decides what solution there should be. LEGISLATE To legislate is to make something the law or a rule. Some kinds of conflicts cause people to try to change laws or rules so the problem won't happen again. Excerpted from Elementary Perspectives: Teaching Concepts of Peace and Conflict by William J. Kreidler
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Courts Word Search The words listed below are hidden within this word search. Word can be across, vertical, backward or diagonal. E
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LEAP Into the Courts
Word Search Teacher’s Key The words listed below are hidden within this word search. Word can be across, vertical, backward or diagonal. E
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LEAP Into the Courts
Vocabulary Fill-in-the-Blank Each of the following sentences is missing a word. Fill in the missing word. 1. A ________________________ records all the testimony in a courtroom. 2. After deliberating, a jury reaches a decision and delivers a ________________ in the case. 3. After a verdict is delivered in a criminal case, the Court will impose a sentence. __________________. 4. Instead of having a trial, some cases are resolved through _____________________. 5. A ______________________ works with the chief judge to help manage the day-to-day administration duties within the court. 6. To ensure a fair trial, potential jury members are questioned by attorneys in a case during a stage called _______________________. 7. A __________________ commands a witness to appear in court at a particular date and time to give _________________________. 8. In some cases, testimony is given by an ______________________ with special training or skill to prove a point in a case. 9. To be released from jail before a court date, a defendant must post _________________. 10. A ___________________ hears evidence in a case and then determines if there is enough evidence to charge a defendant in a criminal case. If there is, a(n) _______________. is handed down. 11. Most criminal cases that are ____________________ offenses are tried in the District Court. 12. If a case cannot finish due to an error in procedure that jeopardizes the fairness of the trial a judge may declare the trial a __________________. 13. In North Carolina, a magistrate presides over a __________________ case, involving $5,000 or less. 14. Defendants in criminal cases who cannot afford a lawyer have access to a _______________ to represent them in a trial. 15. A jury in a criminal case must determine if the evidence presented shows that the defendant is guilty beyond a ___________________________. 37
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Vocabulary Fill-in-the-Blank – Teacher’s Key Each of the following sentences is missing a word. Fill in the missing word so the sentence makes sense. 1. A court reporter records all the testimony in a courtroom. 2. After deliberating, a jury reaches a decision and delivers a verdict in the case, or their decision. 3. After a verdict is delivered in a criminal case, the Court will impose a sentence. 4. Instead of having a trial, some cases are resolved through Alternative Dispute Resolution. 5. A trial court administrator works with the chief judge to help manage the day-to-day administration duties within the court. 6. To ensure a fair trial, potential jury members are questioned by attorneys in a case during a stage called voir dire. 7. A subpoena commands a witness to appear in court at a particular date and time to give testimony. 8. In some cases, testimony is given by an expert with special training or skill to prove a point in a case. 9. To be released from jail before a court date, a defendant must post bond. 10. A grand jury hears evidence in a case and then determines if there is enough evidence to charge a defendant in a criminal case. If there is, a(n) indictment is handed down. 11. Most criminal cases that are misdemeanor offenses are tried in the District Court. 12. If a jury trial cannot finish due to an error in procedure that jeopardizes the fairness of the trial, a judge may declare the trial a mistrial. 13. In North Carolina, a magistrate presides over a small claims case, involving $5,000 or less. 14. Defendants in criminal cases who cannot afford a lawyer have access to a public defender to represent them in a trial. 15. A jury in a criminal case must determine if the evidence presented shows that the Defendant is guilty beyond a reasonable doubt. 38
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Positions in the North Carolina Courts: Elected v. Appointed Information from The Judicial System in North Carolina, by the Administrative Office of the Courts, 2000
Like any public institution, members of the court system are expected to be held accountable to the government and the people of North Carolina. The system of checks and balances ensures that the courts do not gain too much power. Some positions in the court system are elected by the people in the state or district. Others are appointed by judges or government officials. Even others are hired like employees at any other company in North Carolina. Judges In North Carolina, judges must be attorneys. (Magistrates need not be attorneys.) Judges are elected. Supreme Court and Court of Appeals judges are nominated and elected in nonpartisan elections by the voters of the entire state to eight-year terms. Superior court judges are nominated and elected in non-partisan elections by the voters of their districts to eightyear terms. District court judges are nominated and elected in non-partisan elections by the voters of their districts to four year terms. When a vacancy arises (usually through death or midterm retirement) in a judgeship, the governor fills the vacancy by appointment effective until the next general election (except for district court judges, who are appointed for the remainder of a term). Many judges initially obtain office this way rather than through election. Thus while the constitution provides for election of judges, many first attain office by appointment. In recent years, there has been much discussion about the method of selection of judges. Many states appoint rather than elect judges, some using a commission to recommend to the Governor or to appoint (usually called merit selection) and others providing for appointment by the governor with legislative approval. Numerous bills to change the method of selection of judges have been introduced in the General Assembly during the past several years. Rather than provide for the appointment of judges, the General Assembly changed the method of election from partisan to nonpartisan elections for superior court judges in 1998 and for district court judges in 2002. Appellate judges are elected in nonpartisan elections. Because judges run in primaries and elections (either to attain a judgeship initially or to hold a seat originally attained by appointment), judges must campaign for office and seek contributions like other elected officials. However, because judges are expected after election to be impartial, the Code of Judicial Conduct, adopted by the state Supreme Court, places certain limitations on the campaign practices of judges and candidates for judicial office. It allows a judge or candidate to attend, preside over, and speak at any political party gathering and allows the judge or candidate to be listed within publicity. However, the judge or candidate cannot expressly endorse a candidate (other than himself or herself) except when a judge is a candidate, the judge may conduct a joint campaign with others seeking election to judicial office. A judge may make financial contributions to a political party but not to anyone seeking election except to the judge’s own campaign. A judge may personally solicit campaign funds and request public support from individuals but may not solicit funds for a political party or another candidate.
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The Carolina Public Financing Fund was established in 2002 to finance the election of of certified candidates for office and to pay administrative and enforcement costs of the State Board of Elections. This fund is available to candidates for justice of the Supreme Court and judge of the Court of Appeals.) The code provides that a judicial candidate should maintain the dignity appropriate to judicial office, should prohibit officials or employees subject to the judge’s discretion or control from doing for the judge what he or she is prohibited from doing for himself or herself, and should not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office. The code covers all aspects of judicial conduct, not merely conduct with regard to political matters. It requires a judge to perform the duties of the office impartially and diligently and sets out standards for meeting these duties—including when a judge should disqualify himself or herself in a proceeding in which the judge’s impartiality might be questioned. Also, the code requires a judge to file a public report of extra-judicial activities for which the judge receives compensation. A judge who violates the code may be subject to disciplinary action by the Judicial Standards Commission. Judges may be removed by the General Assembly by impeachment; may be removed by the Supreme Court after recommendation of the Judicial Standards Commission for mental and physical incapacity that interferes with performance of the judge’s duties; or may be removed or censured by the Supreme Court after recommendation of the Judicial Standards Commission for willful misconduct in office, willful and persistent failure to perform judicial duties, habitual intemperance, or conviction of a crime involving moral turpitude or conduct prejudicial to the administration of justice and that brings the judicial office into disrepute. Magistrates are not under the jurisdiction of the Judicial Standards Commission. However, the grounds for removing magistrates are the same as for removing judges. The statutes provide a removal procedure for misconduct after notice and a hearing before a superior court judge. North Carolina has a mandatory retirement age of seventy-two for judges. There is no mandatory retirement age for magistrates.
District Attorneys In all criminal and some juvenile matters, the district attorney represents the state. The state is divided into thirty-nine prosecutorial districts that coincide with the district court districts. District attorneys are elected to four-year terms in partisan elections by the voters of their districts. Each district has four or more full–time assistant district attorneys, depending on the caseload, who serve at the pleasure of the district attorney. They are paid by the state. District attorneys and their assistants are required to devote full time to their prosecutorial duties and may not engage in the private practice of law. Each district attorney has an administrative assistant to aid in office administration and calendaring of cases, at least one victim-witness assistant, and other clerical support staff. Many also have a staff investigator. The primary duty of the district attorney, with his or her assistants, is to prosecute all criminal cases and infractions filed in the superior and district courts in the district. Other duties include preparing the criminal trial docket, advising law enforcement officers in the district, performing such duties related to appeals to the Appellate Division from the district as the Attorney General may require and representing the state in certain juvenile cases. 40
LEAP Into the Courts In this state, district attorneys have great discretionary power. They control the scheduling of cases and decide which cases to prosecute and which cases to accept a guilty plea for a lesser offense than that for which the defendant was indicted. A district attorney may be removed from office for misconduct after a due process hearing before a superior court judge.
Public Defenders Defendants accused of crimes (except for minor offenses that in fact will not result in a sentence of imprisonment) who are financially unable to employ a lawyer to represent them are entitled to the services of a lawyer at state expense. In public defender districts, the assigned counsel system has been supplemented by the public defender system. The public defender is a full-time, state-paid attorney whose sole function is to represent indigent defendants in criminal cases. The public defender’s office usually represents most of the indigent defendants in the district, although private attorneys are still called upon to represent indigents. The public defender for each office is appointed to a four-year term by the senior resident superior court judge on the written nomination of the district bar. Because rural districts have a relatively small volume of cases, a public defender system is not likely to be established in these districts. Clerks of Superior Court The clerk of superior court is elected in a partisan election to a four-year term by the voters of the county. Clerks are paid by the state, with their salaries scaled in accordance with the population of their counties. As one would expect, the clerk is responsible for all clerical and record-keeping functions of the superior court and district court. However, the clerk also has numerous judicial functions. The clerk is judge of probate – that is, the clerk handles the probate of wills (proceedings to determine if a paper writing is a valid will) and the administration of estates of decedents, minors and incompetents. The clerk also hears a variety of special proceedings such as adoptions, incompetency determinations and partitions of land, and handles the administration of trusts. In criminal matters the clerk is empowered to issue arrest and search warrants, although they infrequently use this authority, and to exercise the same powers as a magistrate with respect to taking waivers of trial and pleas of guilty to minor littering, traffic, wildlife, boating, marine fisheries, alcoholic beverage, state park recreation and worthless check offenses. Each clerk has a number of assistants and deputies. The number of assistants and deputies that each clerk may employ varies from county to county depending on the volume of business. Assistant and deputy clerks are paid on a salary schedule fixed by the AOC based on education and years of service in the clerk’s office; the maximum and minimum salaries within that scale are fixed by the General Assembly. The clerk’s books and accounts are subject to audit by the state auditor, and the clerk is bonded by a blanket state bond. In the event of a clerk’s misconduct or mental or physical incapacity, the senior resident superior court judge serving the clerk’s county is authorized, after notice and a hearing, to remove the clerk.
Trial Court Administrators Twelve judicial districts have trial court administrators who are responsible for carrying out the policies of the senior resident superior court judge and chief district court judge and who 41
LEAP Into the Courts provide general management for the operation of the court system in their district. Trial court administrators’ main function is civil case management – seeing that civil cases move through the system as efficiently and expeditiously as possible. They keep track of civil cases filed in both superior and district courts, determine when cases are ready for trial and assist the judges in preparing the calendar for terms of civil court. In some counties, trial court administrators are delegated the authority to determine whether to grant continuances in civil cases. They are responsible for jury management and for establishing procedures for calling and paying jurors. Trial court administrators frequently act as the liaison between the court system and county government regarding court facilities. They are responsible for preparing reports for the judges and the AOC projecting the future needs of the system. In those judicial districts without a trial court administrator, the senior resident superior court judge and his or her judicial assistant calendar and track civil cases.
Talking Points: 1. How accountable do you think the current system holds judges? Public defenders? Court administrators? 2. Are there potential problems with judges campaigning for election? 3. Think about the last election. Do you remember seeing campaign signs or commercials for judicial candidates? Do you think voters are educated about the judges before they vote for them? How would you suggest voters become better educated about judicial candidates? 4. What selection method would you advocate for Judges, Clerks of Court, District Attorneys, Public Defenders, and Court Administrators? Why?
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Paying for the Courts From The Judicial System in North Carolina, by the Administrative Office of the Courts, 2000
The North Carolina state budget provides the court system with approximately 2.2 percent of the nearly 21 billion dollar budget. Since the unified court system was established, all operating expenses of the Judicial Branch have been borne by the state. These include salaries and travel expenses of all court officials, juror and witness fees, and all equipment and office supplies for the judicial system. Counties and cities, however, continue to be responsible for providing courtrooms and related judicial physical facilities including furniture. Almost all of the state financing of the judicial system comes from funds appropriated by the General Assembly, with a small portion coming from federal grants. In civil actions, there are two primary cost items: a General Court of Justice fee that goes to the state for the support of the court system generally and a facilities fee that goes to the county or city that supplies the physical facilities to be used for the support of the court facilities only. Criminal actions include other fees in addition to the General Court of Justice fee and the facilities fee. The court collects a law enforcement officers’ fee for each arrest or personal service of criminal process. This fee goes to the county or city whose officer performed the service. The court also collects a small fee that is remitted to the state treasurer for law enforcement officers’ retirement and insurance benefits funds. In addition to these basic cost items, in particular cases the party held liable may be charged for other expenses like witness or guardian ad litem fees. Witnesses are paid a small per day, and jurors receive $12 for the first day of service and $20 thereafter. If they serve more than five days, they will receive $40 per day. Fines and forfeitures must be distinguished from costs and fees. A fine is a money penalty imposed by the judge on a defendant as punishment upon conviction of a crime. A forfeiture occurs when a judge orders a bond forfeited for failure to meet the conditions of the bond. Under the N. C. Constitution, fines and forfeitures go to the county school fund and are not used to support the court system.
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Lesson Plan on Civil and Criminal Court Cases To comply with N.C. state competency goal 6 of tenth grade Civics and Economics and NC state competency goal 2 of Contemporary Law and Justice. To comply with Boy Scout Law merit badge requirement 3. Objective: To inform students of the procedures in civil and criminal court cases and understand the differences between the two types of cases. Materials: Flow chart “How a Civil Case Moves Through the Court System,” on the procedures involved in a civil case; flow chart “How a Criminal Case Moves Through the Court System,” on the procedures involved in a criminal case; comparison chart “Differences Between Civil and Criminal Cases;” and civil v. criminal cases quiz with accompanying teacher key. General Information: The Superior and District courts of North Carolina hear civil and criminal cases. While criminal cases seek to punish people who have violated state or county laws, civil cases seek to redress disputes and other conflicts among people. In civil cases, the party filing the suit is called the plaintiff, while the party they are filing suit against is called the defendant. In a criminal case, the person who is accused of committing the crime is called the defendant, and the plaintiff is the state, represented by a prosecutor. Each type of case is held to a different standard. In civil cases, the judge or jury who decides the outcome of the case must determine if the evidence presented shows a “preponderance of evidence,” or likelihood that the defendant is responsible. In criminal cases, the judge or jury deciding the case must determine the guilt of the defendant “beyond a reasonable doubt” before delivering a guilty verdict.
Talking Points: 1. Why do civil and criminal cases have two different burdens of proof (beyond a reasonable doubt for criminal cases, preponderance of evidence for civil cases)? 2. Is it possible for one person to be tried in both civil and criminal cases for the same situation? How?
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COMPLAINT IS FILED
COMPLAINT IS SERVED ON DEFENDANT(S)
DEFENDANTS FILE AN ANSWER TO COMPLAINT TO CLERK OF COURT
TCA ASSIGNS TRIAL DATE AND ISSUES SCHEDULING ORDER (WHICH OUTLINES CERTAIN DISCOVERY DEADLINES)
30 DAYS AFTER SCHEDULING ORDER IS ISSUED, AN ORDER TO ADR (MEDIATION) ISSUED
WITHIN 21 DAYS OF ORDER, THE PARTIES DESIGNATE A MEDIATOR
WITHIN 21 DAYS OF ORDER, NO DESIGNATION RECEIVED, COURT APPOINTS MEDIATOR
MEDIATOR SCHEDULES AND HOLDS MEDIATION WITH PARTIES PARTIES REACH AN IMPASSE
TRIAL
PARTIES SETTLE THE CASE
RESOLVED PRIOR TO TRIAL AND DISMISSAL IS FILED 45
Mecklenburg County Superior Court Civil Caseflow
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COMPLAINT IS FILED
APPEAL IS FILED FROM SMALL CLAIMS COURT (EVICTIONS GO TO TRIAL CALENDAR, MONEY OWED GOES TO ARBITRATION)
COMPLAINT IS SERVED ON DEFENDANT(S)
DEFENDANT(S) FILE(S) AN ANSWER TO COMPLAINT
CASE IS ORDERED TO COURT ORDERED ARBITRATION CASE IS ASSIGNED A TRIAL DATE AND SENT A NOTICE OF TRIAL
NOTICE OF ARBITRATION HEARING SENT TO PARTIES
PARTIES APPEAL THE ARBITRATION AWARD
NO APPEAL IS FILED OF ARBITRATION AWARD AWARD IS MADE INTO JUDGMENT AND CASE CLOSES
Mecklenburg County District Court Civil Caseflow
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Mecklenburg County Criminal Case Flow (Felony)
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Differences between Civil and Criminal Cases Civil Cases
Criminal Cases
The case is between two parties
The case is between an individual and the state
Seek monetary or other compensation
Seek punishment
Defendant can be called as a witness
Defendant has the choice to testify on his or her own behalf
Plaintiff only has to show a “preponderance of evidence”
Prosecution has to prove guilt “beyond a reasonable doubt”
Cases can go to mediation or other forms of Alternative Dispute Resolution before or instead of going to court
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Civil v. Criminal Cases Quiz For each of the following situations, specify whether the case is civil or criminal, and if applicable, who would be the plaintiff and who would be the defendant.
1. Mr. and Mrs. Smith were on their way to the grocery store when Mr. Adams rear-ended Mr. and Mrs. Smith’s car, totaling the vehicle. While no one involved was seriously injured, Mrs. Smith did sustain minor injuries and was transported to the hospital. A few days after the incident, Mrs. Smith began experiencing terrible back pain, causing her to make several trips to the doctor and miss one week of work. . The Smiths have had difficulty getting in touch with Mr. Adams and are unable to pay their medical bills, which total $4,250, and Mr. Adams’ lack of help. 2. Ms. Johnson returned to her car after shopping at the local mall to find the window of her driver’s side door broken into, and her CD player and CDs missing. Ms. Johnson immediately called mall security and the police, who began investigating the case. From a mall security camera, the police were able to identify the person who broke into Ms. Johnson’s car and made an arrest. 3. The Browns signed a contract to get delivery of their local newspaper for six months while paying $10 a month. The Browns paid the newspaper for the first month’s delivery, but stopped paying after that. The newspapers continued to be delivered to the Browns’ house for the entire six months. The newspaper has been unable to get the money from the Browns, despite billing them several times. 4. While watching a baseball game, Mr. Williams was hit in the head by a baseball. The area where he was sitting had a sign posted, saying “Danger: Area Off Limits.” Mr. Williams had medical bills of more than $300 as a result of the injury, and feels that the ballpark should compensate him for his medical expenses. 5. Mr. Jones was speeding down the highway when he noticed the blue lights of a police car behind him. Instead of pulling over to the side of the road to accept his speeding ticket, Mr. Jones continued to drive down the highway. Several miles later, Mr. Jones pulled over, and while talking to the police officer that was writing him the speeding ticket, Mr. Jones became violent and hit the officer, breaking the officer’s nose.
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Civil v. Criminal Cases Quiz – Teacher’s Key For each of the following situations, specify whether the case is civil or criminal, and if applicable, who would be the plaintiff and who would be the defendant. Bonus: For each civil case, indicate which court would hear the case, District, Superior, or Small Claims and why. For each criminal case, indicate whether the crime is a misdemeanor or felony and which court would hear the case, district or superior, and why. 1. Mr. and Mrs. Smith were on their way to the grocery store when Mr. Adams rearended Mr. and Mrs. Smith’s car, totaling the vehicle. While no one involved was seriously injured, Mrs. Smith did sustain minor injuries and was transported to the hospital. A few days after the incident, Mrs. Smith began experiencing terrible back pain, causing her to make several trips to the doctor and miss one week of work. The Smiths have had difficulty getting in touch with Mr. Adams and are unable to pay their medical bills, which total $4,250, and Mr. Adams’ lack of help. Civil case. Mr. and Mrs. Smith are the plaintiffs. Mr. Adams is the defendant. If the Smiths file a lawsuit, and the case goes to trial, it would be heard in District Court because of the dollar amount. 2. Ms. Johnson returned to her car after shopping at the local mall to find the window of her driver’s side door broken into, and her CD player and CDs missing. Ms. Johnson immediately called mall security and the police, who began investigating the case. From a mall security camera, the police were able to identify the person who broke into Ms. Johnson’s car and made an arrest. Criminal case. The person who broke into Ms. Johnson’s car would be the defendant, who would be charged with a misdemeanor. The District Attorney’s office would prosecute the case on behalf of the state. If the case goes to trial, it would be heard in District Court by a judge because the crime is a misdemeanor.
3. The Browns signed a contract to get delivery of their local newspaper for six months while paying $10 a month. The Browns paid the newspaper for the first month’s delivery, but stopped paying after that. The newspapers continued to be delivered to the Browns’ house for the entire six months. The newspaper has been unable to get the money from the Browns, despite billing them several times. Civil case. The newspaper company is the plaintiff. The Browns are the defendants. If the newspaper files a lawsuit, and takes the Browns to court, they could have their dispute settled in Small Claims Court due to the amount of money involved. 4. While watching a baseball game, Mr. Williams was hit in the head by a baseball. The area where he was sitting had a sign posted, saying “Danger: Area Off Limits.” Mr. Williams had medical bills of more than $300 as a result of the injury, and feels that the ballpark should compensate him for his medical expenses. Civil case. Mr. Williams is the plaintiff. The ballpark owner is the defendant. If Mr. Williams files a lawsuit and takes the ballpark owner to court, they could 50
LEAP Into the Courts have their dispute settled in Small Claims Court due the amount of money involved. 5. Mr. Jones was speeding down the highway when he noticed the blue lights of a police car behind him. Instead of pulling over to the side of the road to accept his speeding ticket, Mr. Jones continued to drive down the highway. Several miles later, Mr. Jones pulled over, and while talking to the police officer who was writing him the speeding ticket, Mr. Jones became violent and hit the officer, breaking the officer’s nose. Criminal case. Mr. Jones is the defendant. The District Attorney’s office prosecutes Mr. Jones on behalf of the state. After Mr. Jones is arrested, felony charges would be filed and the defendant would go to an arraignment hearing. If the case goes to trial, it would be heard in Superior Court since the charges are felony.
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Lesson Plan on Plea Bargaining To comply with NC state objective 5.01 of tenth grade Civics and Economics Objective: To inform students of the purpose and procedure of plea bargaining. Materials: Included handouts for prosecution and defense attorneys General Information: Plea-bargaining is sometimes used in criminal cases to reduce the number of cases that go to jury trial. Plea-bargaining has advantages and disadvantages. Advantages: Prosecutors often rely on defendants to plead guilty in order to process their large caseload. Without guilty pleas, trials could not occur in a timely manner. If a plea is offered by the prosecution, it may reflect the fact that the prosecutor has a weak case due to lack of evidence. Offering a plea for a minor offense means court time can be used for more serious crimes. Plea-bargaining provides the prosecutor with a conviction. Defense counsel favors plea-bargaining because there client is likely to get the best outcome through this process and there is less preparation time involved. Defendants favor plea-bargaining because it can result in a more favorable outcome for them, is less expensive, and less time-consuming. Judges may favor plea bargaining because it also reduces their caseloads and encourages resolution without bringing the case to trial. Disadvantages: Prosecutors may be criticized for giving away too much and not holding defendants fully accountable for their crimes. Defendants may feel pressured to accept a deal even when guilt may be in question, the sentence imposed by the judge may be at the high end of the range negotiated or the judge may reject the plea bargain altogether.
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1. 2. 3. 4. 5. 6.
Procedure: Divide the class in half, one half playing prosecutors, the other half defense attorneys. Give the prosecutors the handout labeled “Prosecutor Sheet” and the defendants the handout labeled “Defense Sheet.” Pair students, one prosecutor and one public defender together. Have each group role play their part and negotiate with each other for each of the four cases. After sufficient time for the pairs to negotiate through all four cases, bring everyone back together to talk about the activity. Have the groups talk about the conclusions they made in each situation. Are these pleas acceptable?
Assessment: 1. Did you find it hard or easy to negotiate with your partner to reach an agreement? 2. What are some of the advantages to plea-bargaining? What are some of the disadvantages?
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Prosecutor Sheet You are the prosecutor and represent the State of North Carolina government. You have a large caseload. You would prefer to avoid trial in as many of the following four cases below. Therefore, you must negotiate plea bargains for at least three of the defendants. As a prosecutor, you are able to decide to charge defendants, what to charge them with, whether to dismiss criminal charges, whether to reduce to a lesser charge, and what recommendations you might make to the judge(i.e. to impose an exceptionally high amount of imprisonment or to impose a sentence in the standard range set by the state legislature.) When there is more than one charge, each charge may receive a separate term of imprisonment. You can recommend that these terms of imprisonment run at the same time (concurrent) or backto-back (consecutive). (For example, two terms of three months imprisonment are imposed by the judge. If they run together, the defendant serves three months in jail. If they run backto-back, the defendant serves six months.) Directions: In the following cases, you will be approached by the public defender to negotiate the charge and/or the sentence. Negotiate as you deem is necessary to ensure justice is served. Case One: Ward has been charged with robbery. He was arrested for robbing a furniture store after an informant notified the police that Ward had told him he had committed the robbery. Ward has no prior criminal history. Case Two: While being held for shoplifting at a Thriftway store by two store employees, Chester stabbed both employees with a knife. The two employees suffered from lifethreatening stab wounds which required surgery and several days in the hospital. Chester is charged with shoplifting, and two counts of first-degree assault with a deadly weapon with intent to kill or inflict serious injury. The knife has never been recovered. Case Three: Cheryl committed at least five burglaries in January and February. She is charged with two counts of burglary and possession of burglary tools. The search of Cheryl’s apartment turned up items that had been taken from the two burglaries. There is question as to whether the search was legally conducted. Case Four: David drives a cab and is charged with first degree rape of a female passenger. David denies the charge. While there is very strong circumstantial evidence against him, there is no physical evidence.
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Defense Sheet You are a public defender and your job is to represent defendants who cannot afford to hire their own attorney. You are assigned a very heavy caseload. You realize that plea-bargaining may be used for your clients’ best interests. You also understand and advise your clients that no plea bargain between you and the prosecutor is valid until they agree to the terms of the plea. Your clients, however, want to know your recommendation and, generally, but not always, follow it. You understand that the prosecutor has the authority to decide to seek charges against defendants, what charges to seek against defendants, whether to dismiss charges, whether to reduce a charge to a lesser charge, and what recommendations to make to the judge. When there is more than one count or charge, each charge may receive a separate term of imprisonment. The prosecutor can recommend that these terms of imprisonment run at the same time (concurrent) or back-to-back (consecutive). (For example, suppose the judge imposes two terms of three months imprisonment. If they run together, the defendant serves three months in jail. If they run back-to-back, the defendant serves six months.) Directions: In the following cases, you will approach the prosecutor and attempt to negotiate a plea. In each of the fact patterns below, the wishes of the client have been established. However, the client may agree to some other proposal. None of the defendants in these cases want to go to trial. Remember that you, as the public defender, need to give a rational argument to the prosecutor as to why the charges should be reduced or dismissed or sentencing recommendations be given. The prosecutor will not grant a request to dismiss charges or make a sentencing recommendation without rationale. Case One: Ward has been charged with robbery. He was arrested for robbing a furniture store after an informant notified the police that Ward had told him he had committed the robbery. Ward has no prior criminal history. Defendant’s wishes: The client wants the charges lowered to possession of burglary tools and a prosecution recommendation for 2 years of supervised probation. Case Two: While being held for shoplifting at a Thriftway store by two store employees, Chester stabbed both employees with a knife. The two employees suffered several life threatening stab wounds that required surgery and several days in the hospital. Chester is charged with two counts assault with a deadly weapon with intent to kill or inflict serious injury. The knife has never been recovered. Defendant’s wishes: The client wants the charges dropped to assault and for any jail time to be served concurrently.
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Lesson Plan on Jury Service in North Carolina To comply with N.C. state objective 4.07 for tenth grade Civics and Economics To comply with Boy Scout Law merit badge requirement 2.b. Objective: Inform students of the functions of juries in the justice system, the difference between petit and grand juries, and learn the qualifications of North Carolina jurors. Materials: Chart “Comparison of Petit and Grand Juries;” “Jury Crossword Puzzle” and accompanying teacher key; “Student Quiz on Jury Service” and accompanying teacher key. General Information: The first written expression of a jury came in the Magna Carta, which stipulated the right to a trial by one’s peers. With this example in mind, and the use of juries in the English system of government, the Founding Fathers included the right to a trial judged by a jury of one’s peers in the US Constitution. It is considered a duty as an American citizen to participate in jury service. For many people, it is the only contact they will ever have with the court system. Jurors are asked to make decisions based on the evidence and arguments presented in the courtroom. Jurors are expected to be impartial and to accurately weigh the evidence presented in the case. In Mecklenburg County, an annual Master Jury List is created from lists of registered voters and licensed drivers. Jurors are then randomly selected by computer from the Master Jury List to report for jury duty. Employers are not required to pay jurors for days missed at work. To compensate for incidentals, jurors are paid $12 a day for the first day, and $20 per day for up to five days, and $40 for each day thereafter. State law prohibits an employer from terminating or demoting an employee because of an employee’s jury service. Jurors must be at least 18 years old, a citizen of the state and resident of the county, mentally and physically competent, understand of English, have not served as a juror in the past two years, and have never been convicted of a felony. If citizenship rights have been restored, a person may serve as a juror. More jurors are given summons, or official demands to report for jury duty, than are needed to fill a jury because jurors must go through a process called vior dire before being selected for a jury. This process, a French term literally meaning “to tell the truth,” is a questioning process jurors go through to ensure an impartial jury that represents a cross section of the community. Once a jury is selected, they must listen to the entirety of a case, and then deliberate privately to reach a verdict, or decision in the case. If the jury cannot reach a decision, a judge may declare a mistrial, and the case must be tried again before a new jury. In Mecklenburg County, a group of approximately 30 jurors are selected from a pool of up to 150 people to go into a courtroom at a time. The clerk calls twelve names at random, and those jurors enter the jury box. Then, the judge explains the case and what is expected of a juror. Questioning begins with the plaintiff or prosecution, who asks questions until satisfied with juror selection. In high profile or complex cases, jurors may be questioned one at a time. Then the defense is allowed to ask jurors questions and excuse them through a preemptory 57
LEAP Into the Courts challenge, which is a challenge that may be used to reject a limited number of prospective jurors without giving a reason. Jurors may also be excused by a challenge for cause, which is an objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit). The judge has the discretion to deny the challenge. This differs from peremptory challenge. When a juror is excused, the clerk must call another juror to the jury box before questioning can continue. Once the plaintiff and defense have decided upon twelve jurors to hear the case, an alternate juror may be selected by the same process in the event one of the twelve jurors must leave the case for any reason. The alternate juror listens to all the evidence presented, but only participates during deliberations if a juror has to leave the case prematurely for any reason. Talking Points: 1. Why does our system of government use the jury system? Why is it important to serve on a jury? 2. What are the qualifications to be a juror in North Carolina? 3. What are the differences between a petit jury and a grand jury?
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Comparison of Petit and Grand Juries in North Carolina
Petit Jury
Grand Jury
*12 members Role is to decide whether the defendant is responsible for damages to the plaintiff. Trials are generally public but jury deliberation is private. Defendants have the right to appear, testify, and call witnesses on their behalf Final outcome is a verdict, in favor of the plaintiff or defendant in a civil case, or guilty/not guilty in a criminal case *Up to two alternates may be selected for a civil or criminal case. As few as 6 jurors may be seated for a District Civil case if both parties agree to this.
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18 members Role is to determine whether there is “probable cause” to believe that an individual has committed a crime and should be put on trial Grand jury proceedings are not open to the public Neither defendants nor their attorneys have the right to appear before the grand jury Final outcome is decision to indict (formally accuse) the defendant or not
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Jury Crossword Puzzle
Across 4. The list used to randomly select people to report for jury duty. (3 words) 5. A jury whose role is to determine “probable cause.” 7. Only __________ of North Carolina who live in Mecklenburg County are eligible for jury duty in the 26th Judicial District. 10. The process of selecting a jury. Down 1. If you have been convicted of a ___________, you are not allowed to serve on a jury unless your citizenship rights have been restored. 2. A jury whose role is to determine if there is enough evidence for a case to go to trial. 3. A jury that cannot reach a decision. 4. The first written expression of the right to a trial by one’s peers. 6. A juror must be at least ______________ years old. 8. A juror must understand the _____________ language. 9. An official demand to report for jury duty. 10. A decision made by a jury.
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Jury Crossword Puzzle – Teacher Key
Across 4. The list used to randomly select people to report for jury duty. Master Jury List 5. A jury whose role is to determine “probable cause.” Grand Jury 7. Only citizens of North Carolina who live in Mecklenburg County are eligible for jury duty in the 26th Judicial District. 10. The process of selecting a jury. Voir Dire Down 1. If you have been convicted of a felony, you are not allowed to serve on a jury unless your citizenship rights have been restored. 2. A jury whose role is to determine if there is enough evidence for a case to go to trial. Petit Jury 3. A jury that cannot reach a decision. Hung Jury 4. The first written expression of the right to a trial by one’s peers. Magna Carta 6. A juror must be at least eighteen years old. 8. A juror must have an understanding of the English language. 9. An official demand to report for jury duty. Summons 10. A decision made by a jury. Verdict
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Student Quiz on Jury Service Part 1 Read the following statements and determine if the people described would be eligible to serve on a jury. If they can, put a Y for yes, if not, put an N for no and explain why they do not qualify to be on a jury. _____ 1. Matthias received a notice to serve on a jury in Raleigh. He lives in Raleigh and is a German citizen. Explain:
_____ 2. Tonya received a notice to serve on a jury. She is a lawyer in the town and knows the judge presiding over the trial. Explain:
_____ 3. Juan received a notice to serve on a jury in Charlotte. He speaks only Spanish. Explain: _____ 4. Jackie received notice to serve on a jury in her town. She has lived in the town for two years, works as a waitress at a local restaurant, and has never been convicted of a felony. Explain: _____ 5. Roger received notice to serve on a jury. He is currently in the hospital receiving treatment for schizophrenia. Explain:
Part 2 Read each statement and determine whether each statement is true or false and circle T for true and F for false. T T
F F
T T
F F
T
F
1. Most cases never come before a jury. 2. If you receive notice to report for jury duty, you will automatically be put on a jury. 3. In Mecklenburg County, judges can be called for jury duty. 4. The Constitution guarantees you the right to a jury only in criminal cases. 5. A North Carolina jury must always reach a unanimous verdict, regardless of the type of case.
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Teacher’s Guide to Quiz on Jury Service Part 1 Read the following statements and determine if the people described would be eligible to serve on a jury. If they can, put a Y for yes, if not, put an N for no and explain why they do not qualify to be on a jury. N
1. Matthias received a notice to serve on a jury in Raleigh. He lives in Raleigh and is a German citizen. Explain: Matthias is not eligible because he is not a citizen of the United States.
Y
2. Tonya received a notice to serve on a jury. She is a lawyer in the town and knows the defendant in the trial. Explain: In North Carolina, lawyers are not exempt from selection for jury duty. However, the attorneys in the case may strike her from the pool during jury selection because of her knowledge of the defendant. This is called exercising a “challenge for cause.”
N
3. Juan received a notice to serve on a jury in Charlotte. He speaks only Spanish. Explain: Juan is not eligible because jurors are required to understand English.
Y
4. Jackie received notice to serve on a jury in her town. She has lived in the town for two years, works as a waitress at a local restaurant, and has never been convicted of a felony. Explain: Jackie meets all requirements for serving as a juror.
N
5. Roger received notice to serve on a jury. He is currently in the hospital receiving treatment for schizophrenia. Explain: Roger is not eligible because mental illness disqualifies a citizen from serving as a juror because all jurors must be physically and mentally competent.
Part 2 Read each statement and determine whether each statement is true or false and circle T for true and F for false. T F
T F T
1. Most cases never come before a jury. Most cases are plea-bargained or settled. 2. If you receive notice to report for jury duty, you will automatically be put on a jury. Juries are selected through a process called voir dire from a pool of those summoned for jury duty. 3. Judges can be called for jury duty. Judges are eligible like any other citizen and resident of the county. 4. The Constitution guarantees you the right to a jury only in criminal cases. The Seventh Amendment provides for jury trials in civil cases. 5. A N.C. jury must always reach a unanimous verdict, regardless of the type of case. 63
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Lesson Plan on Jury Selection (Voir Dire) To comply with N.C. state objective 4.07 for tenth grade Civics and Economics Adapted from Guide to Educating the Public about the Courts by the American Bar Association Division for Public Education
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Mock Trial: The Parties Have Their Say To comply with NC state objective 5.01 for tenth grade Civics and Economics and competency goal 3 for Contemporary Law and Justice To comply with Boy Scout Law merit badge requirement 6.b.
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Careers in the North Carolina Court System To comply with Boy Scout Law merit badge requirements 8 and 9 Objective: To inform students of the various career opportunities presented in the North Carolina court system and define the education and training requirements for these positions. Materials: Descriptions of various job opportunities within the court system and the training and education requirements to achieve these positions. Also included is a diagram of a courtroom and the various people commonly found in the courtroom during a trial, as well as suggested activities to increase student understanding of these careers. General Information: The court system relies on a network of people to operate smoothly. In every case, there are more people involved than just the people visible in the courtroom. From bailiffs and judges to court administrators and clerks, everyone plays a part in the processing of the millions of cases that come through the North Carolina court system every year. Employees of the 26th Judicial District are generally state employees. The people of Mecklenburg County elect some to their positions, while others are appointed or hired by the elected officials. The county and city also provide limited supplemental funding for some positions. Talking Points: 1. What is the role of a judge? How does one become a judge? 2. Name the court employees present in a courtroom during a trial. 3. What type of degrees would be conducive to employment in the justice system? 4. Are there any universities or colleges that offer specialized degrees?
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Careers in the North Carolina Courts Arbitrator - An arbitrator is an attorney who acts as an arm of the Court by judicial appointment, bound by an oath similar to that of a judge. Arbitrators are empowered with the authority of a trial judge to conduct hearings and to decide their outcome. Acting as sole juror in finding the facts, as judge in applying the law, and as arbitrator in rendering and award, the trial lawyers who participate as arbitrators have found the role to be a challenging and rewarding one. Bailiff – A uniformed law officer who keeps order and provides security in a courtroom and escorts prisoners and jury members to and from the courtroom. Requirements: have a high school diploma or GED, complete police academy training, be a sworn officer of the Sheriff’s department, be in good physical condition and have a clean record Clerk of Superior Court – The Clerk of Superior Court is elected for four years and must be a resident of the county in which he or she is elected. Unlike clerks of court in other states, the Clerk of Superior Court in North Carolina has numerous judicial functions. As judge of probate, the Clerk has exclusive original jurisdiction over matters relating to the probate of wills, and the administration of estates, including appointing personal representatives, auditing their accounting, and removing them from office if necessary. The Clerk also presides over many other legal matters including adoptions, incompetency proceedings, condemnation of private lands for public use, and foreclosures. The Clerk is responsible for all clerical and record-keeping functions of the district and superior court. In addition, the Clerk receives and disburses money collected each year from court fees and fines. Court Administrator -Trial Court Administrators are hired by the Senior Resident Superior Court Judge and the Chief District Court Judge. This is a state-funded position established to improve the administration of justice through professional management. Twelve districts have trial court administrators who are responsible for carrying out the policies of the Senior Resident Superior Court Judge and Chief District Court Judge as well as providing general management for the operations of the court system in their districts. The Trial Court Administrator's main function is civil case management, to assure that civil cases move through the court system as efficiently and expeditiously as possible. They keep track of civil cases filed in both superior and district courts, determine when cases are ready for trial and assist the judges in preparing the calendar for terms of civil court. The TCA works directly and through staff as a facilitator for change by initiating and coordinating discussions to identify problems and recommend solutions that lead to a more effective and efficient court system. Specific areas of involvement include: development of local rules and administrative policies to facilitate calendaring and other administrative activities, research and strategic planning, budgeting, personnel oversight, facilities
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LEAP Into the Courts Requirements: college degree in English or a foreign language; have local and state accreditation proving specialized training in legal terminology and procedure Magistrate Magistrates for each county are appointed for two-year terms by the Senior Resident Superior Court Judge upon nomination of the Clerk of Superior Court. Magistrates are officers of the district court, and they are subject to the supervision of the Chief District Court Judge in judicial matters. For an individual to qualify for the Office of Magistrate they must apply in the county in which they reside. The individual shall have a four-year degree from an accredited senior institution of higher education or have a two-year associate degree and four years of work experience in a related field. In appointing Magistrates, the Clerk of Superior Court in each county is responsible for submitting names to the Resident Superior Court Judge in each Judicial District for nomination. The Resident Superior Court Judge then appoints the number of Magistrates assigned to each county for a two-year term. The same procedure is followed whether for initial appointment, for reappointment or for a vacancy that occurs in an unexpired term. In order to be eligible for re-nomination as a Magistrate, an individual must complete a course of Basic Training for Magistrates held by the Institute of Government. For the day to day operations of schedule, policy or procedures, the Magistrates work under the supervision of the Chief District Court Judge. In criminal matters, magistrates issue arrest and search warrants and set bail. They have authority to:
accept guilty pleas to minor misdemeanors and pleas of responsibility to infractions; accept waivers of trial and guilty pleas to certain traffic littering, wildlife, boating, marine fisheries, state park recreation and alcoholic beverage violations; and accept waivers of trial and guilty pleas in worthless check cases in which the check is for $2000 or less.
In civil matters, the magistrates may be assigned by the Chief District Court Judge to hear small claims cases, including summary ejectment (landlord's action to evict a tenant) cases. The magistrate is also authorized to perform marriage ceremonies, assign a year's allowance to a surviving spouse, administer oaths, verify pleadings and take acknowledgments (notarization) of instruments. Public Defender -The Public Defender represents persons charged with criminal offenses who cannot afford to hire a private attorney. The Senior Resident Superior Court Judge appoints the Public Defender for a term of four years. Defendants assigned by the court are represented by the Public Defender's Office at the State's expense. Attorneys in the Public Defender's Office handle misdemeanor and felony trials and represent defendants on motions for appropriate relief. The Public Defender also represents persons who are facing involuntary commitment for mental illness, alcohol problems or drug abuse, as well as juveniles who are charged as delinquents.
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Bailiff Witness
Clerk Judge
Court Reporter
Jury
Plaintiff/ District Attorney
Defense
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Suggested Activities 1. Use the 26th Judicial District Speakers Bureau to have a speaker come talk to students on various aspects of the court system. The Speakers Bureau includes such topics as how to become a judge, the role of the judge, the role of the public defender, and case scheduling and management. 2. Visit the courthouse. Tours are conducted on Fridays and are designed to give students a general understanding of how the court system operates, as well as the various departments and offices of the courts. Students may even have a chance to speak with a judge while visiting the courthouse. More information can be found at the 26th Judicial District’s Community Access and Outreach website: http://www.nccourts.org/County/Mecklenburg/Community/Default.asp or by contacting the Community Access and Outreach Administrator at (704) 686-0269. 3. Spend some time in your school’s computer lab to research jobs in the court system. What is required to enter law school? Police officer training school? Are there places around Mecklenburg County that provide training for such careers as clerks, interpreters, and court administrators? 4. Research professional associations, such as the American Bar Association for attorneys or the National Association for Court Management for Court Professionals. What resources do these organizations provide to members? Some of these organizations may also provide resources for teaching purposes.
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Adapted from the State of New York Court System Educational Tools
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Procedure: 1. Write on the board the following grid for the Double Jeopardy board. Make sure there is a way to erase the numbers as the questions are asked and answered.
The Jury
Careers in the Courts
The Court System
Vocabulary
$100
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$200
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2. The questions and answers for each square are on the following page. 3. Play the game with rules similar to the television game show Jeopardy, questions coming in the form of a statement (the statements in bold on the following page) and the answers in the form of questions (correct answers shown at the bottom of each square, not bolded). Students can be split into teams or answer individually.
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The Jury
Careers in the Courts
The Court System
Vocabulary
$100
A decision made by a jury
A person, usually a lawyer, who presides over a criminal or civil trial.
The highest court in North Carolina
A jury that can not agree on a verdict
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What is a verdict? A list of all the people eligible for jury duty
Who is a judge? A person who is appointed by the court to represent a defendant in a criminal case
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What is a Master Jury List? An official demand to report for jury duty
Who is a public What is defender? Environmental Court? A person who The office where a prepares a written case is officially transcript of the received into the events which occur system in a legal proceeding
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What is the Supreme Court? A court held once a month to address health and safety issues meant to help improve the quality of life
What is a hung jury? A formal request submitted to a court, requesting the court to rule or take action in the behalf of the party filing the request What is a motion? The Latin term meaning “on one’s behalf,” and refers to personal representation without the help of a lawyer
Who is a court What is a reporter? What is the Clerk of What is pro se? summons? Court’s office? A group of citizens A person who A form of Alternative A trial without a who decide oversees the court’s Dispute Resolution jury whether or not to records and serves commonly used in indict someone for as ex officio judge of resolving District a crime based on probate Court civil cases the evidence presented What is a grand jury? The process in which lawyers from both sides ask questions to potential jurors to help eliminate possible bias
Who is the clerk of court? A judicial officer who can make decisions in only some cases and exercise only some of the functions of a judge
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What is arbitration? What is a bench trial? A part of the District Confirmation or Court that handles support for a civil actions of $5,000 witness’s statement or less where people or other piece of represent themselves evidence
LEAP Into the Courts against their clients What is voir dire?
Who is a magistrate judge?
What is Small Claims Court?
What is corroboration?
Glossary of Legal Terms This glossary defines a number of legal terms in common use that generally are not understood. The following definitions are not legal definitions of these terms. Most of them have very definite legal meanings that vary from one state to another. These are merely plain-English definitions intended to give you a general idea of the meanings.
A Abstract of Title: A chronological summary of all official records and recorded documents affecting the title to a parcel of real property. Accomplice: 1. A partner in a crime. 2. A person who knowingly and voluntarily participates with another in a criminal activity. Acknowledgment: 1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. Acquit: To find a defendant not guilty in a criminal trial. Action: Case, cause, suit, or controversy disputed or contested before a court of justice. Additur: An increase by a judge in the amount of damages awarded by a jury. Adjudication: Giving or pronouncing a judgment or decree. Also the judgment given. Ad Litem: A Latin term meaning for the purposes of the lawsuit. For example, a guardian "ad litem" is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Administrator: 1. One who administers the estate of a person who dies without a will. 2. A court official. Admissible evidence: Evidence that can be legally and properly introduced in a civil or criminal trial. Admonish: To advise or caution. For example the Court may caution or admonish counsel for wrong practices.
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B Bail: Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. "Bail" and "bond" are often used interchangeably. Bail Bond: An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond. Bailiff: A court attendant who keeps order in the courtroom and has custody of the jury. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money to are called creditors. Bar: 1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers.
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LEAP Into the Courts Bar Examination: A state examination taken by prospective lawyers in order to be admitted and licensed to practice law. Battery: A beating, or wrongful physical violence. The actual threat to use force is an assault; the use of it is a battery, which usually includes an assault. Bench: The seat occupied by the judge. More broadly, the court itself. Bench Trial: Trial without a jury in which a judge decides the facts. Bench Warrant: An order issued by a judge for the arrest of a person. Beneficiary: Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust. Bequeath: To give a gift to someone through a will. Bequests: Gifts made in a will. Best Evidence: Primary evidence; the best evidence available. Evidence short of this is "secondary." That is, an original letter is "best evidence," and a photocopy is "secondary evidence." Beyond a Reasonable Doubt: The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person. Bill of Particulars: A statement of the details of the charge made against the defendant. Bind Over: To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial. Booking: The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest. Brief: A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law. Burden of Proof: In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof) is not the same as the standard of proof. Burden of proof deals with which side must establish a point or points; standard of proof indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a preponderance of evidence or clear and convincing evidence.
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LEAP Into the Courts Capital crime: A crime punishable by death. Calendar: List of cases scheduled for hearing in court. Caption: The heading on a legal document listing the parties, the court, the case number, and related information. Case Law: Law established by previous decisions of appellate courts, particularly the Supreme Court. Cause: A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice. Cause of action: The facts that give rise to a lawsuit or a legal claim. Caveat: A warning; a note of caution. Certification: 1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original. Certiorari: A means of getting an appellate court to review a lower court's decision. The loser of a case will often ask the appellate court to issue a writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This is often referred to as granting cert. Challenge: An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury. Challenge for Cause: Objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit). The judge has the discretion to deny the challenge. This differs from peremptory challenge. Chambers: A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public. Change of Venue: Moving a lawsuit or criminal trial to another place for trial. Charge to the Jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. Chief Judge: Presiding or Administrative Judge in a court. Circumstantial Evidence: All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn. Citation: 1. A reference to a source of legal authority. 2. A direction to appear in court, as when a defendant is cited into court, rather than arrested. Civil Actions: Noncriminal cases in which one private individual or business sues another to protect, enforce, or redress private or civil rights.
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LEAP Into the Courts Civil Procedure: The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals. Class Action: A lawsuit brought by one or more persons on behalf of a larger group. Clear and Convincing Evidence: Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case. Clemency or Executive Clemency: Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon. Closing Argument: The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence. Codicil (kod'i-sil): An amendment to a will. Commit: To send a person to prison, asylum, or reformatory by a court order. Common Law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Commutation: The reduction of a sentence, as from death to life imprisonment. Comparative Negligence: A legal doctrine by which acts of the opposing parties are compared to determine the liability of each party to the other, making each liable only for his or her percentage of fault. See also contributory negligence. Complainant: The party who complains or sues; one who applies to the court for legal redress. Also called the plaintiff. Complaint: 1. The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. 2. Formal written charge that a person has committed a criminal offense. Conciliation: A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal. Concurrent Sentences: Sentences for more than one crime that are to be served at the same time, rather than one after the other. See also cumulative sentences. Condemnation: The legal process by which the government takes private land for public use, paying the owners a fair price. Consecutive Sentences: Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.
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LEAP Into the Courts Conservatorship: Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. (See also guardianship. Conservators have somewhat less responsibility than guardians.) Contempt of Court: Willful disobedience of a judge's command or of an official court order. Continuance: Postponement of a legal proceeding to a later date. Contract: A legally enforceable agreement between two or more competent parties made either orally or in writing. Contributory Negligence: A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, he or she cannot recover damages from the defendant for the defendant's negligence. Most jurisdictions have abandoned the doctrine of contributory negligence in favor of comparative negligence. Conviction: A judgment of guilt against a criminal defendant. Corpus Delicti: Body of the crime. The objective proof that a crime has been committed. It sometimes refers to the body of the victim of a homicide or to the charred shell of a burned house, but the term has a broader meaning. For the state to introduce a confession or to convict the accused, it must prove a corpus delicti, that is, the occurrence of a specific injury or loss and a criminal act as the source of that particular injury or loss. Corroborating Evidence: Supplementary evidence that tends to strengthen or confirm the initial evidence. Counsel: Legal adviser; a term used to refer to lawyers in a case. Counterclaim: A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit. Court Administrator/Clerk of court: An officer appointed by the Court or elected to oversee the administrative, non-judicial activities of the court. Court: Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs." Court Costs: The expenses of prosecuting or defending a lawsuit, other than the attorneys' fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs. Court Reporter. A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Cross-Claim: A claim by codefendant or co-plaintiffs against each other and not against persons on the opposite side of the lawsuit. Cross-Examination: The questioning of a witness produced by the other side.
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LEAP Into the Courts Cumulative Sentences: Sentences for two or more crimes to run consecutively, rather than concurrently. Custody: Detaining of a person by lawful process or authority to assure his or her appearance to any hearing; the jailing or imprisonment of a person convicted of a crime.
D Damages: Money awarded by a court to a person injured by the unlawful act or negligence of another person. Decision: The judgment reached or given by a court of law. Declaratory Judgment: A judgment of the court that explains what the existing law is or expresses the opinion of the court without the need for enforcement. Decree: An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit. Defamation: That which tends to injure a persons reputation. Libel is published defamation, whereas slander is spoken. Default: A failure to respond to a lawsuit within the specified time. Default Judgment: A judgment entered against a party who fails to appear in court or respond to the charges. Defendant: In a civil case, the person being sued. In a criminal case, the person accused of the crime. Demurrer: A motion to dismiss a civil case because of the legal insufficiency of a complaint. De Novo: A new. A trial de novo is a new trial of a case. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Descent and Distribution Statutes: State laws that provide for the distribution of estate property of a person who dies without a will. Same as intestacy laws. Directed Verdict: Now called Judgment as a matter of Law. An instruction by the judge to the jury to return a specific verdict. Direct Evidence: Proof of facts by witnesses who saw acts done or heard words spoken. Direct Examination: The first questioning of witnesses by the party on whose behalf they are called.
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LEAP Into the Courts Disbarment: Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. It differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law). Disclaim: To refuse a gift made in a will. Discovery: The pretrial process by which one party discovers the evidence that will be relied upon in the trial by the opposing party. Dismissal: The termination of a lawsuit. A dismissal without prejudice allows a lawsuit to be brought before the court again at a later time. In contrast, a dismissal with prejudice prevents the lawsuit from being brought before a court in the future. Dissent: To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority. Diversion: The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages. Docket: A list of cases to be heard by a court or a log containing brief entries of court proceedings. Domicile: The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile. Double Jeopardy: Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution. Due Process of Law: The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel. and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.
E Elements of a Crime: Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The elements that must be proven are (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors. Eminent Domain: The power of the government to take private property for public use through condemnation. En Banc: All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc. Enjoining: An order by the court telling a person to stop performing a specific act.
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LEAP Into the Courts Entrapment: A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed. Equal Protection of the Law: The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than such as are laid upon others, and that no different or greater punishment is enforced against them for a violation of the laws. Equity: Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery, to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Equity and law courts are now merged in most jurisdictions. Escheat (es-chet): The process by which a deceased person's property goes to the state if no heir can be found. Escrow: Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met. Estate: An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person’s death. It does not include life insurance proceeds unless the estate was made the beneficiary) or other assets that pass outside the estate (like joint tenancy asset). Estate Tax: Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes. Estoppel: A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary. Et al: And others. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Exempt Property: In bankruptcy proceedings, this refers to certain property protected by law from the reach of creditors. Exceptions: Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers. Exclusionary Rule: The rule preventing illegally obtained evidence to be used in any trial.
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LEAP Into the Courts Execute: To complete the legal requirements (such as signing before witnesses) that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect. Executor: A personal representative, named in a will, who administers an estate. Exhibit: A document or other item introduced as evidence during a trial or hearing. Exonerate: Removal of a charge, responsibility or duty. Ex Parte: On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing. Ex Parte Proceeding: The legal procedure in which only one side is represented. It differs from adversary system or adversary proceeding. Ex Post Facto: After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for a lawful act performed before the law was changed and the act made illegal. Extenuating Circumstances: Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be. Expungement: Official and formal erasure of a record or partial contents of a record. Extradition: The process by which one state or country surrenders to another state, a person accused or convicted of a crime in the other state.
F Family Allowance: A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate. Felony: A crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more than a year and/or substantial fines. Fiduciary: A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the others benefit, e.g., a guardian, trustee, or executor. File: To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case. Finding: Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact. First Appearance: The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his or her arrest. Generally the person comes before a judge within hours of the arrest. Also called initial appearance.
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LEAP Into the Courts Fraud: Intentional deception to deprive another person of property or to injure that person in some other way.
G Garnishment: A legal proceeding in which a debtor's money, in the possession of another (called the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages. General Jurisdiction: Refers to courts that have no limit on the types of criminal and civil cases they may hear. Good Time: A reduction in sentenced time in prison as a reward for good behavior. It usually is one third to one half off the maximum sentence. Grand Jury: A body of persons sworn to inquire into crime and if appropriate, bring accusations (indictments) against the suspected criminals. Grantor or Settlor: The person who sets up a trust. Guardian: A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative. Guardianship: Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself. A guardian also may be given responsibility for the person's financial affairs, and thus perform additionally as a conservator. (See also conservatorship.)
H Habeas Corpus: A writ commanding that a person be brought before a judge. Most commonly, a writ of habeas corpus is a legal document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her confinement. Harmless Error: An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal. Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Hostile Witness: A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be crossexamined by the party who calls him or her to the stand. Hung Jury: A jury whose members cannot agree upon a verdict.
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I Incarcerate: To confine in jail. Immunity: Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence. Impeachment of a Witness: An attack on the credibility (believability) of a witness, through evidence introduced for that purpose. Inadmissible: That which, under the rules of evidence, cannot be admitted or received as evidence. In Camera: In chambers, or in private. A hearing in camera takes place in the judge's office outside of the presence of the jury and the public. Independent Executor: A special kind of executor, permitted by the laws of certain states, who performs the duties of an executor without intervention by the court. Indeterminate Sentence: A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term. Indictment: A written accusation by a grand jury charging a person with a crime. Indigent: Needy or impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense. Information: Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial. In Forma Pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. Infraction: A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions. Inheritance Tax: A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax. Initial Appearance: In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him or her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he or she usually does not offer evidence. Also calledfirst appearance. Injunction: Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.
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LEAP Into the Courts In Propria Persona: In court's it refers to persons who present their own case without lawyers. See Pro Se. Instructions: Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge. Intangible Assets: Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning. Interlocutory: Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit. Interrogatories: Written questions asked by one party in a lawsuit for which the opposing party must provide written answers. Intervention: An action by which a third person who may be affected by a lawsuit is permitted to become a party to the suit. Differs from the process of becoming an amicus curiae. Inter Vivos Gift: A gift made during the giver's life. Inter Vivos Trust: Another name for a living trust. Intestacy Laws: See descent and distribution statutes. Intestate: Dying without a will. Intestate Succession: The process by which the property of a person who has died without a will passes on to others according to the state's descent and distribution statutes. If someone dies without a will, and the court uses the state’s interstate succession laws, an heir who receives some of the deceased's property is an intestate heir. Irrevocable Trust: A trust that, once set up, the grantor may not revoke. Issue: (1) The disputed point in a disagreement between parties in a lawsuit. (2) To send out officially, as in to issue an order.
J Joint and Several Liability: A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay. Joint Tenancy: A form of legal co-ownership of property (also known as survivorship). At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife. Judge: An elected or appointed public official with authority to hear and decide cases in a court of law. A Judge Pro Tem is a temporary judge.
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LEAP Into the Courts Judgment: The final disposition of a lawsuit. Default judgment is a judgment rendered because of the defendant's failure to answer or appear. Summary judgment is a judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law. Consent judgment occurs when the provisions and terms of the judgment are agreed on by the parties and submitted to the court for its sanction and approval. Judicial Review: The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Jurisprudence: The study of law and the structure of the legal system. Jury: Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact. A petit jury is an ordinary or trial jury, composed of six to 12 persons, which hears either civil or criminal cases. Jury Commissioner: The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term. Justiciable: Issues and claims capable of being properly examined in court.
L Lapsed Gift: A gift made in a will to a person who has died prior to the will-makers death. Larceny: Obtaining property by fraud or deceit. Law: The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom. Law Clerks: Persons trained in the law who assist judges in researching legal opinions. Leading Question: A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination. Legal Aid: Professional legal services available usually to persons or organizations unable to afford such services. Leniency: Recommendation for a sentence less than the maximum allowed. Letters of Administration: Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.
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LEAP Into the Courts Letters Testamentary: Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name. Liable: Legally responsible. Libel: Published words or pictures that falsely and maliciously defame a person. Libel is published defamation; slander is spoken. Lien: A legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lien holder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid. Limine: A motion requesting that the court not allow certain evidence that might prejudice the jury. Limited Jurisdiction: Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts. Litigant: A party to a lawsuit. Litigation refers to a case, controversy, or lawsuit. Living Trust: A trust set up and in effect during the lifetime of the grantor. Also called inter vivos trust.
M Magistrate: Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge. Malfeasance: Evil doing, ill conduct; the commission of some act which is positively prohibited by law. Malicious Prosecution: An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted. Mandamus: A writ issued by a court ordering a public official to perform an act. Manslaughter: The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm). See also murder. Mediation: A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement. Memorialized: In writing. Mens Rea: The "guilty mind" necessary to establish criminal responsibility.
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LEAP Into the Courts Miranda Warning: Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the U.S. Supreme Court. Misdemeanor: A criminal offense considered less serious than a felony. Misdemeanors generally are punishable by a fine or a limited local jail term, but not by imprisonment in a state penitentiary. Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury. Mitigating Circumstances: Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. Mittimus: The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law. Moot: A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision. Motion: Oral or written request made by a party to an action before, during, or after a trial, upon which a court issues a ruling or order. Murder: The unlawful killing of a human being with deliberate intent to kill. Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not. (See also manslaughter.)
N Negligence: Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances. Next Friend: One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability. No Bill: This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict. No-Contest Clause: Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited. No-Fault Proceedings: A civil case in which parties may resolve their dispute without a formal finding of error or fault.
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LEAP Into the Courts Nolle Prosequi: Decision by a prosecutor not to go forward with charging a crime. It translates "I do not choose to prosecute." Also loosely called nolle pros. Nolo Contendere: A plea of no contest. In many jurisdictions, it is an expression that the matter will not be contested, but without an admission of guilt. In other jurisdictions, it is an admission of the charges and is equivalent to a guilty plea. Notice: Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding. Nunc Pro Tunc: A legal phrase applied to acts which are allowed after the time when they should be done, with a retroactive effect. Nuncupative Will: An oral (unwritten) will.
O Oath: Written or oral pledge by a person to keep a promise or speak the truth. Objection: The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge. On a Person's Own Recognizance: Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court. Opening Statement: The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial. Opinion: A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. A per curiam opinion is an unsigned opinion "of the court." Oral Argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Order: A written or oral command from a court directing or forbidding an action. Overrule: A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.
P Pardon: A form of executive clemency preventing criminal prosecution or removing or extinguishing a criminal conviction. Parens Patriae: The doctrine under which the court protects the interests of a juvenile.
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LEAP Into the Courts Parole: The supervised conditional release of a prisoner before the expiration of his or her sentence. If the parolee observes the conditions, he or she need not serve the rest of his or her term. Party: A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding. Patent: A government grant giving an inventor the exclusive right to make or sell his or her invention for a term of years. Peremptory Challenge: A challenge that may be used to reject a certain number of prospective jurors without giving a reason. Perjury: The criminal offense of making a false statement under oath. Permanent Injunction: A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction. Personal Property: Tangible physical property (such as cars, clothing, furniture, and jewelry) and intangible personal property. This does not include real property such as land or rights in land. Personal Recognizance: In criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court. See also own recognizance. Personal Representative: The person who administers an estate. If named in a will, that person's title is an executor. If there is no valid will, that person's title is an administrator. Person in Need of Supervision: Juvenile found to have committed a status offense rather than a crime that would provide a basis for a finding of delinquency. Typical status offenses are habitual truancy. violating a curfew, or running away from home. These are not crimes, but they might be enough to place a child under supervision. In different states, status offenders might be called children in need of supervision or minors in need of supervision. Petitioner: The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. The opposing party is called the respondent. Plaintiff: The person who files the complaint in a civil lawsuit. Also called the complainant. Plea: In a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information. Plea Bargaining or Plea Negotiating: The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency. It often involves a guilty plea to lesser charges or a guilty plea to some of the charges if other charges are dropped. Such bargains are not binding on the court. Pleadings: The written statements of fact and law filed by the parties to a lawsuit.
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LEAP Into the Courts Polling the Jury: The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict. Pour-Over Will: A will that leaves some or all estate assets to a trust established before the will-maker's death. Power of Attorney: Formal authorization of a person to act in the interests of another person. Precedent: A previously decided case that guides the decision of future cases. Preliminary Hearing: Another term for arraignment. Pre-Injunction: Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order. Preponderance of the Evidence: Greater weight of the evidence, the common standard of proof in civil cases. Pre-Sentence Report: A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision. Presentment: Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include a formal charge of crime. A presentment differs from an indictment. Pretermitted Child: A child borne after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children. Pre-Trial Conference: A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and make a final effort to settle the case without a trial. Prima Facie Case: A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. Probable Cause: A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests. Probate: The court-supervised process by which a will is determined to be the will-maker's final statement regarding how the will-maker wants his or her property distributed. It also confirms the appointment of the personal representative of the estate. Probate also means the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will. Probate Court: The court with authority to supervise estate administration. Probate Estate: Estate property that may be disposed of by a will.
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LEAP Into the Courts Probation: An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment. Pro Bono Publico: For the public good. Lawyers representing clients without a fee are said to be working pro bono publico. Pro Se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. Prosecutor: A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute. Proximate cause: The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act. Public Defender: Government lawyer who provides free legal defense services to a poor person accused of a crime.
Q Quash: To vacate or void a summons, subpoena, etc.
R Real Property: Land, buildings, and other improvements affixed to the land. Reasonable Doubt: An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt"; that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge. Reasonable Person: A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do. Rebut: Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. Record: All the documents and evidence plus transcripts of oral proceedings in a case. Recuse: The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party. Re-Direct Examination: Opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.
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LEAP Into the Courts Robbery: Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear. It differs from larceny. Rules of Evidence: Standards governing whether evidence in a civil or criminal case is admissible.
S Search Warrant: A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence. Secured Debt: In bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral. Self-Defense: Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another. Self-Incrimination, Privilege Against: The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Asserting the right is often referred to as taking the Fifth. Self-Proving Will: A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death. Sentence: The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another. Sentence Report: A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a presentence report. Sequester: To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial. Sequestration of Witnesses: Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also called separation of witnesses. This prevents a witness from being influenced by the testimony of a prior witness. Service: The delivery of a legal document, such as a complaint, summons, or subpoena, notifying a person of a lawsuit or other legal action taken against him or her. Service, which constitutes formal legal notice, must be made by an officially authorized person in accordance with the formal requirements of the applicable laws. Settlement: An agreement between the parties disposing of a lawsuit. Settlor: The person who sets up a trust. Also called the grantor.
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LEAP Into the Courts Sidebar: A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators. Slander: False and defamatory spoken words tending to harm another's reputation, business, or means of livelihood. Slander is spoken defamation; libel is published. Small Claims Court: A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney. Sovereign Immunity: The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent. Specific Performance: A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation. Spendthrift Trust: A trust set up for the benefit of someone who the grantor believes would be incapable of managing his or her own financial affairs. Standing: The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit. Stare Decisis: The doctrine that courts will follow principles of law laid down in previous cases. Similar to precedent. Status Offenders: Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult. They are not delinquents (in that they have committed no crime), but rather are persons in need of supervision, minors in need of supervision, or children in need of supervision, depending on the state in which they live. Status offenders are placed under the supervision of the juvenile court. Statute of Limitations: The time within which a plaintiff must begin a lawsuit (in civil cases) or a prosecutor must bring charges (in criminal cases). There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes. Statutory Construction: Process by which a court seeks to interpret the meaning and scope of legislation. Statutory Law: Law enacted by the legislative branch of government, as distinguished from case law or common law. Stay: A court order halting a judicial proceeding. Stipulation: An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g., to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial. Strike: Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.
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LEAP Into the Courts Sua Sponte: A Latin phrase which means on one's own behalf. Voluntary, without prompting or suggestion. Subpoena: A court order compelling a witness to appear and testify. Subpoena Duces Tecum: A court order commanding a witness to bring certain documents or records to court. Summary Judgment: A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law. Summons: A notice to a defendant that he or she has been sued or charged with a crime and is required to appear in court. A jury summons requires the person receiving it to report for possible jury duty Support Trust: A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support. Suppress: To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule. Surety Bond: A bond purchased at the expense of the estate to insure the executor's proper performance. Often called a fidelity bond. Survivorship: Another name for joint tenancy. Sustain: A court ruling upholding an objection or a motion.
T Tangible Personal Property Memorandum (TPPM): A legal document that is referred to in a will and used to guide the distribution of tangible personal property. Temporary Relief: Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court. Temporary Restraining Order: A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO. Testamentary Capacity: The legal ability to make a will. Testamentary Trust: A trust set up by a will. Testator: Person who makes a will (female: testatrix). Testimony: The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
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LEAP Into the Courts Third Party: A person, business, or government agency not actively involved in a legal proceeding, agreement, or transaction. Third-Party Claim: An action by the defendant that brings a third party into a lawsuit. Title: Legal ownership of property, usually real property or automobiles. Tort: An injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trust: A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the grantor manages the trust. Trust Agreement or Declaration: The legal document that sets up a living trust. Testamentary trusts are set up in a will. Trustee: The person or institution that manages the property put in trust.
U Unlawful Detainer: A detention of real estate without the consent of the owner or other person entitled to its possession. Unsecured: In bankruptcy proceedings, for the purposes of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt. Usury: Charging a higher interest rate or higher fees than the law allows.
V Vacate: To set aside. To vacate a judgment is to set aside that judgment. Venire: A writ summoning persons to court to act as jurors, Also refers to the people summoned for jury duty. Venue: The proper geographical area (county, city, or district) in which a court with jurisdiction over the subject matter may hear a case.
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LEAP Into the Courts Verdict: A conclusion, as to fact or law, that forms the basis for the court's judgment. A general verdict is a jury's finding for or against a plaintiff after determining the facts and weighing them according to the judge's instructions regarding the law. Voir Dire: Process of questioning potential jurors so that each side may decide whether to accept or oppose individuals for jury service.
W Waiver: Intentionally giving up a right. Waiver of Immunity: A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings. Warrant: Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. Will: A legal declaration that disposes of a person's property when that person dies. Without Prejudice: A claim or cause dismissed without prejudice may be the subject of a new lawsuit. With Prejudice: Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause. Witness: A person who testifies to what he or she has seen, heard. or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker's intended last will and testament. Writ: A judicial order directing a person to do something. Writ of Certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
This Glossary reprinted with permission from the National Associaiton of Court Management. The National Association for Court Management wishes to acknowledge that this Glossary used some of the excellent material already prepared by the American Bar Association, the Administrative Office of the United States Courts, The Washington State Administrative Office of the Courts, and the Idaho Administrative Office of the Courts. This material may be replicated for business use only.
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The 26th Judicial District Speakers Bureau
The 26th Judicial District has a great deal of information to share and many well-qualified professionals who are available to speak on a wide range of court-related topics. Whether you live in Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, Pineville or the unincorporated area of the county, the 26th Judicial District’s Speakers Bureau is available for a professional presentation for your school, civic professional, church, community or neighborhood group. A complete list of topics follows. To schedule a speaker for your group, fill out the following speaker request form and return it to the Community Access and Outreach Administrator. For more information contact the Community Access and Outreach Administrator or visit our website at: http://www.nccourts.org/County/Mecklenburg/PublicService/Speakers.asp.
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Speakers are available to speak on the following topics: Alternative Dispute Resolution Bail Bonds/Jails/Prisons Case Scheduling Civil Law Constitutional Law Contract Law Court Performance Standards and Results Courthouse Programming, Design, Construction and Maintenance Court Programs Court System Budgeting Criminal Procedure/Law Domestic Violence Prosecution and Defense Drug Treatment Court Drunk Driving/Traffic Law Elder Law Environmental Court Family Court/Law Fine Collection How to Become a Judge Impact of Custody Disputes upon Children
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Jury Service Juvenile Law Landlord/Tenant Law Mecklenburg County Teen Court Organization and Structure of NC Courts Employment Opportunities Power of Attorney Pro-se Litigation/SelfRepresentation Public and Media Relations Role of the Clerk of Court Role of the District Attorney Role of the Judge Role of the Public Defender Role of the Trial Court Administrator Small Claims Court Strategic Planning in the Courts Technology in the Courts Truancy Laws Worker’s Compensation Law
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26th Judicial District Speakers Bureau Request Form Organization: ________________________________________ Type of Organization: __________________________________
Contact Information Name: Address: Telephone Number:
Logistics Dates (please list three options if possible in order of preference): 1. ____________ 2. ____________ 3. ____________ Place (including street address): Time (please list two options if possible in order of preference): 1. ____________ 2. ____________ Nature of the occasion: Anticipated audience size: Amount of time for presentation: Topic desired: Specific speaker requested: Yes, ____________________
No
Will there be any political and/or other fundraising at this event?
Yes
Please return completed form to: Charles Keller, Jr., MA Community Access and Outreach Administrator 832 E. Fourth St., Suite 4420 Charlotte, NC 28202 Telephone: (704) 686-0269 Fax: (704) 686-0340
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[email protected]
The Mecklenburg County Courthouse Tour Program Tours of the courthouse provide an interesting and educational look into our county and state’s judicial system. With advance notice, it may be possible to observe an actual trial in progress and get a firsthand look at the inner workings of the 26th Judicial District. Tours are available to your school, civic, or community group. If you would like to request a tour for your group, please fill out the attached request form and return it to the Community Access and Outreach Administrator. There may be some restrictions on group size and age of individuals. For more information, contact the Community Access and Outreach Administrator or visit our website at: http://www.nccourts.org/County/Mecklenburg/Community/Default.asp
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Mecklenburg County Courthouse Tour Request Form
Contact Information Name: __________________________________________________________________ Telephone: _____________________ School or Organization: ____________________________________________________
Desired Date: _____________________________________________ Alternate Date: ____________________________________________ Number attending: __________________________________________ Ages:_____________________________________________________
Please return completed form to: 26th Judicial District Court Tours c/o Charles Keller, Jr., MA Community Access and Outreach Administrator 26th Judicial District 832 E. Fourth St., Room Suite 4420 Charlotte, NC 28202 Telephone: (704) 686-0269 Fax: (704) 686-0340
[email protected]
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Court Tour Teacher Guidelines and Information 1. Complete Court Tour Request Form and return to the stated address. If you are interested in scheduling speakers for classes, complete the 26th Judicial District Speakers Bureau Request Form. 2. Review the Court Tour materials, including the suggested itinerary. 3. Buses should drop students off in front of the courthouse. If buses will be delayed arriving at the court buildings for any reason, please contact the Community Access and Outreach Administrator at (704) 686-0269 (office opens at 8:00 a.m.). 4. Following the tour, there are several lunch options nearby. Students can bring bag lunches and eat in the park across from the street from the courthouse (on the corner of E. Third St. and McDowell St.) or in the plaza between the criminal building and the Government Center. Restaurants in the area include The Courtside Café, located on the first level of the courthouse, and Showmar’s Restaurant in the Government Center (across from the Criminal Court building). For more options, students can ride the Gold Rush (free trolley) uptown. 5. Everyone will be required to go through security before entering the courthouse. No cameras are permitted without prior authorization. If you would like to bring a camera, you will need to fill out an application to film inside the courthouse to have on file with the Community Access and Outreach Administrator’s Office. This form can be obtained by accessing the Mecklenburg County website at www.nccourts.org or contacting the Community Access and Outreach Administrator. 6. Following the tour, please complete the teacher evaluation form and return it to the Community Access and Outreach Administrator.
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Student Worksheet on the Court Tour 1. What is the first step of processing someone who has been arrested?
2. What is the role of a judge?
3. What happens in the Trial Court Administrator’s office? Why is it important to the judicial system?
4. Draw a diagram of the courtroom. Make sure to label the Officers of the Court and where they are seated.
5. What kind of court case did you watch? Was it civil or criminal? What was surprising or interesting to you in this case?
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Teacher Evaluation of Courthouse Tour Thank you for taking part in our court tour program. We value your time and comments. Following the court tour, we would appreciate it if you would fill out the following evaluation.
Name: _____________________________________________________ School or Organization: _______________________________________ Phone Number: __________________ Date of Tour: _______________ Did the tour meet your expectations?
Is there anything you would like to have been included in your tour?
Is there any part of the tour you felt could have been improved upon or left out?
Was the length of the tour sufficient?
Please rate the court tour as to its educational value to your group: Circle one (1=low, 10=high) 1 2 3 4 5 6 7 8 Any other comments or suggestions?
Please return to: Charles Keller, Jr. Community Access and Outreach Administrator 26th Judicial District 832 E. Fourth St., Suite 4420 Charlotte, NC 28202 Telephone: (704) 686-0269 Fax: (704) 686-0340
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[email protected]
Judicial System Student Quiz Student Name: _________________________________________Date______________
Multiple Choice: ______1) Judicial Independence is defined as: A) The study of law and the structure of the legal system B) The ability for judges to be fair and impartial. C) The right of a judge to sentence someone without a trial. D) The right of a District Court judge to overturn a ruling by the U.S. Supreme Court. ______2) Habeas Corpus is defined as: A) Making a false statement under oath. B) The act of putting someone on trial a second time for the same offense. C) The rule forcing law enforcement to present a prisoner before a judge to justify confinement. D) The written accusation by a grand jury charging a person with a crime. ______3) Ex Post Facto is defined as: A) A jury whose members cannot agree upon a verdict. B) That which, under the rules of evidence, cannot be admitted as evidence. C) The act of putting someone on trial a second time for the same offense. D) The prohibition of punishing someone for committing an act that was performed before a law was made against that act. ______4) Litigation is where: A) The ability for judges to be fair and impartial. B) Two opposing parties who can not resolve their dispute use the court to decide what the solution should be. C) A statement of the issues in a written document (a pleading) which a person is prepared to prove in court. D) A request made after a trial asking another court to decide whether the trial was conducted properly. _______5) A subpoena is: A) The ruling given by a court of law. B) A pretrial process by which one party discovers the evidence that will be relied upon in trial by the opposing side. 157
LEAP Into the Courts C) A witness who is questioned by the party on whose behalf they are called. D) A court order compelling a witness to appear and testify.
______6) A trial by jury is guaranteed by: A) The Declaration of Independence B) The Homestead Act C) The Bill of Rights in the U.S. Constitution D) The North Carolina Superior Court ______7) Voir Dire is: A) How someone says goodbye in French. B) The process of questioning potential jurors so that each side may decide whether to accept or reject individuals for jury service. C) The rule forcing law enforcement to present a prisoner before a judge to justify confinement. D) A Latin term meaning “on one’s own behalf;” in courts, it refers to persons who present their own cases without lawyers. ______10) A Legal Tort is: A) An injury or wrong committed on the property or person of another. B) Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court. C) An agreement between the parties disposing of a lawsuit. D) A delicious type of pastry eaten by judges. ______11) Arbitration is: A) A form of alternative dispute resolution in which a neutral third party helps conflicting sides reach their own resolution. B) A less formal legal proceeding where a court official hears testimony and evidence, then delivers a ruling like a judge. C) A lawsuit brought on by an individual on behalf of a larger group. D) Giving or pronouncing a judgment or decree ______12) Specialty Court is: A) Courts where a request is made asking another court to decide whether the trial was conducted properly. B) Where courts have mandatory jurisdiction over capital criminal cases. C) Where courts deal with certain issues and become a problem solver, as well as a decider-of-facts. D) The definition of a trial without a jury in which a judge decides the facts.
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Short Answer: 13) Identify the structure of the North Carolina Court System. Compare and contrast this structure to the structure of other States.
14) Identify at least four main differences between Civil and Criminal cases? Who holds the burden of proof in each?
15) What is the difference between a petit jury and a grand jury?
16) What is the significance of having a process whereby potential jurors are eliminated from consideration?
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Essay 17) What are the advantages and disadvantages of electing judges? What are the advantages and disadvantages of appointing judges?
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LEAP Teacher Evaluation Teacher’s Name: ____________________________School________________________ 1.) The LEAP materials were relevant to the course of study.
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10.) What aspects of the lesson plans would you like to see changed? Why? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________________________
11.) Other comments, recommendations, concerns? Anything else you would like to share? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________________________ We appreciate the opportunity to help our community understand more about the court system.
Please return to: Charles Keller Mecklenburg County Courthouse 832 East Fourth Street, Suite 4420 Charlotte, N.C. 28202 Phone: (704) 686-0269 Email:
[email protected]
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Video Supplements You, The Juror, Narrated by Dorothy Brown. This video is shown to petit jurors statewide during juror orientation. It includes a brief overview of the North Carolina Court System, as well as information specific to jury service, jury selection, and the jury trial process. The video can be accessed at: http://www.nccourts.org/Citizens/JDuty/JDutyvideo.asp
Court Tips, Designed to walk pro se litigants through the court process, this video gives practical advice about the court process.
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The materials in this packet were collected and/or prepared by: Charles Keller, Jr. MA Community Access and Outreach Administrator 26th Judicial District of North Carolina 832 East Fourth Street Suite 4420 Charlotte, NC 28202 Phone: 704-686-0269 Email:
[email protected] Nancy Reinhart, Intern With contributions and reviews by: Martha Deiss, Teacher, East Mecklenburg High School Brian Hitt, Teacher, Olympic High School, School of Global Studies and Economics Daniel Strong, Teacher, Waddell High School
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