Unit 6: The Legal System and Justice Study Guide

Jurisdiction and the Federal Court Structure

Definition of Jurisdiction: Jurisdiction is defined as the official power to make legal decisions and judgments.
Types of Jurisdiction: * Original Jurisdiction: The right of a court to hear a case for the first time. * Appellate Jurisdiction: The right of a court to review a case that has already been heard and decided upon by a lower court. * Exclusive Jurisdiction: A situation where only the federal courts may hear and decide the case. * Concurrent Jurisdiction: Occurs when a case may be heard in either state or federal courts.
United States Supreme Court: * It is the highest court in the United States federal system. * It consists of $9$ Justices who meet in Washington, D.C. * The court exercises appeals jurisdiction through the certiorari process. * It possesses limited original jurisdiction over specific cases. * Selection Process: Justices must be selected by the President and approved by the Senate. * Tenure: Once a Justice is confirmed, they serve for life or until they choose to retire.
U.S. Courts of Appeal (Intermediate Level): * There are $12$ regional "circuit" courts, which include the D.C. Circuit. * Total of $13$ courts when specialized courts are included. * These courts have no original jurisdiction; they are strictly appellate.
U.S. District Courts (Lowest Level): * There are $94$ judicial districts across the $50$ states and territories. * They have no appellate jurisdiction. * They serve as the courts of original jurisdiction for most federal cases.
Exclusive Supreme Court Cases: The Supreme Court is the only court that hears cases involving: * States versus states (e.g., North Carolina v. California). * People from different states (e.g., Bob from NC v. Bill from NY). * People or states versus the United States (e.g., Bob v. United States or North Carolina v. United States). * The United States versus other countries (e.g., Mexico v. United States).
Types of Supreme Court Decisions: * Majority Opinion: A judicial opinion agreed to by more than half of the members of a court ( $5$ or more of the $9$ justices). It sets forth the decision and the rationale behind it. * Dissenting Opinion: A separate judicial opinion written by a justice who disagreed with the majority decision, explaining the reasons for the disagreement. * Concurring Opinion: An opinion that agrees with the majority decision but for different underlying reasons.

North Carolina Court Structure and Hierarchy

NC Court Hierarchy (from lowest to highest): 1. NC District Court: The lowest court in the state. 2. NC Superior Court: The second trial court level. 3. NC Court of Appeals: Hears appeals from the trial courts. 4. NC Supreme Court: The highest court in the state.
NC District Court Jurisdiction: This court has original jurisdiction in cases involving misdemeanors, juveniles, and civil cases dealing with less than $\$10,000$ .
NC Superior Court Jurisdiction: This court has original jurisdiction in felony cases and civil cases dealing with more than $\$10,000$ .
Appeals Process in NC: * Cases appealed from either the NC District Court or the NC Superior Court typically go to the NC Court of Appeals. * Exception: First Degree Murder cases resulting in the Death Penalty are automatic appeals that bypass the Court of Appeals and go straight to the NC Supreme Court.
NC Court Personnel and Terms: * NC Supreme Court: Comprised of $7$ justices. * NC Appeals Courts: Comprised of $15$ judges state-wide. * Panels: A panel of $3$ judges sits on each case at the appellate level. * Terms: All NC judges are elected to $8$ year terms.

The Nature, Purpose, and Characteristics of Law

What are Laws?: A set of rules that help people live together.
Major Purposes: * To keep the peace and prevent violent acts. * To provide rules for resolving disagreements between groups or individuals.
Characteristics of a Good Law: * Fairness: All people are treated equally. * Reasonable: The punishment fits the crime. * Understandable: Laws are not too complicated for people to follow. * Enforceable: Laws can be monitored and carried out by communities, state, or federal authorities.
Sources of Law: Our laws are based on ideas, customs, and laws passed down through generations.
Common Law: This is law established by court decisions rather than a formal legal code. It is based on precedents—previous decisions that serve as examples to be followed—to make law consistent and fair.

Major Categories and Types of Law

Criminal Law: Deals with federal or state crimes. Examples include laws against murder, rape, larceny (theft), and arson (fire).
Civil Law: Law dealing with individuals, usually involving money issues. A subset is Family Law, which deals with issues like child custody, child support, and divorce.
Constitutional Law: Law dealing with the interpretation of the Constitution. This is the primary domain of the Supreme Court and relates to constitutional amendments.
Administrative Law: Law that governs the operation of government agencies. Examples include FDA laws on drug safety, rules regarding unsafe toys, or laws dealing with federal agencies.
International Law: Laws that apply to all nations, such as a law regarding a murder on a ship in international waters.
Statutory Law: These are "statutes," which are written laws approved by a legislature (state or federal). They regulate behavior and serve as a source of rights and benefits, such as posted speed limits.
Classification of Crimes: * Misdemeanor: Less serious than felonies, carrying lighter penalties such as less than $1$ year in jail, community service, fines, rehabilitation, and/or probation. Examples include DUI, shoplifting, and vandalism. * Felony: Serious crimes that result in at least $1$ year (and up to a lifetime) in prison. Examples include kidnapping, carjacking, and robbery.
Definition of Crime: Any act that breaks the law and for which a punishment has been established.
Specific Federal Crimes: Mail fraud, damaging mailboxes, kidnapping, tax evasion (avoiding paying taxes), counterfeiting (making fake money), arson, assassinating the President of the United States, and immigration offenses.

Civil Law Concepts and Intellectual Property

Tort: A wrongful act (excluding breach of contract or trust) that results in injury to another's person, property, reputation, or the like, for which the injured party is entitled to compensation.
Lawsuit: A case in a court of law involving a claim or complaint by one party against another.
Intellectual Property: A work or invention resulting from creativity (such as a manuscript or design) to which one has rights and may apply for legal protection.
Copyrights: The exclusive legal right given to an originator or assignee to print, publish, perform, film, or record literary, artistic, or musical material.
Trademarks: A symbol, word, or words legally registered or established by use as representing a company or product (e.g., YouTube, Nikon, Facebook, Twitter, Google, Coca-Cola, Yahoo, Amazon, Adidas, Unilever, Samsung, MasterCard).
Prohibitions: The action of forbidding something, especially by law.
Stare Decisis: The policy of courts to abide by or adhere to principles established by decisions in earlier cases (precedent).

The Bill of Rights: Amendments 1 through 10

General Purpose: The first $10$ Amendments were added to the Constitution to protect the rights of U.S. citizens and the states.
1st Amendment: Protects five freedoms: Religion, Assembly, Press, Petition, and Speech. * Free Exercise Clause: Forbids the government from establishing an official religion and prohibits actions that unduly favor one religion over another; recognizes the right to believe and practice faith according to conscience. * Establishment Clause: Prohibits the government from making laws "respecting an establishment of religion." It bars the government from taking sides in religious disputes or favoring/disfavoring anyone based on belief. * Slander: False spoken statements damaging a person's reputation. * Libel: False published/written statements damaging a person's reputation. * Prior Restraint: A form of censorship allowing the government to review printed materials and prevent publication. * Freedom of Expression: The ability to express beliefs and thoughts free from government censorship, though there are limits on this freedom.
2nd Amendment: The right to keep and bear arms, noting that a well-regulated militia is necessary to the security of a free state.
3rd Amendment: Prevents the government from quartering troops in private homes. This was a reaction to the British Quartering Act during the American Revolution.
4th Amendment: Protection against unreasonable search and seizure. Requires a search warrant and probable cause. * Search Warrant: A document signed by a judge/magistrate authorizing law enforcement to search a specific person, place, or vehicle for evidence. * Probable Cause: Sufficient reason based on known facts to believe a crime was committed or property is connected to a crime.
5th Amendment: Contains five distinct components: 1. Grand Jury: The right to a jury trial to determine if enough evidence exists to charge a suspect ( $50\%$ of states use this; it is required for federal felonies). 2. Due Process: Legal proceedings must be fair; the government cannot deprive someone of life, liberty, or property without following established procedures. 3. Double Jeopardy: A person cannot be tried for the same offense twice. 4. Eminent Domain: The government cannot take private property for public use without providing just compensation. 5. Self-Incrimination: The right to remain silent to avoid providing information that suggests involvement in a crime.
6th Amendment: Guarantees rights to those accused of crimes: * A fair, speedy, and public trial. * To be informed of the charges. * To call and question witnesses. * The right to an Attorney.
7th Amendment: The right to a jury trial in civil cases.
8th Amendment: Protection against cruel and unusual punishment and excessive bail or fines. * Bail: Money paid to get out of jail. * Bond: Posted on a defendant's behalf (often by a bail bond company) to secure release.
9th Amendment: States that the people's rights are not limited only to those listed in the Constitution.
10th Amendment: Reserves all powers not specifically given to the U.S. government to the states or to the people (Reserved Powers).

Landmark Supreme Court Cases: First Amendment and Privacy

Tinker vs. Des Moines (1969): * Background: Students in Des Moines, Iowa, planned to wear black armbands to protest the Vietnam War. The principal threatened suspension, arguing it would disrupt learning. Students wore them anyway and were suspended. * Ruling: In a $7-2$ decision, the Court ruled that neither students nor teachers "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Schools can only censor expression if they reasonably forecast a "substantial disruption."
Engel vs. Vitale (1962): * Background: A New York law required public schools to open with a nondenominational prayer. A parent sued, citing the Establishment Clause. * Ruling: The Court held that school-sponsored prayer violates the 1st Amendment's Establishment Clause. Even though students could opt-out, the law was unconstitutional because it involved government interference with religion.
Texas vs. Johnson (1989): * Background: Gregory Lee Johnson burned an American flag to protest President Ronald Reagan's policies. He was convicted under a Texas statute against desecrating venerated objects. * Ruling: In a $5-4$ decision, the Court ruled flag burning is "symbolic speech" protected by the 1st Amendment. Outrage alone is not justification for suppressing speech. * Dissent: Justice Stevens argued the flag's status as a symbol of unity outweighed symbolic speech concerns.
New Jersey v. T.L.O. (1984): * Background: Two $9$ th-grade girls were caught smoking in a school restroom. The assistant principal searched T.L.O.'s purse and found marijuana, rolling papers, a pipe, $1$ dollar bills, and a list of people who owed her money. * Ruling: The Court ruled in favor of the school, stating that schools only need "reasonable suspicion" rather than a warrant to search students.

Landmark Supreme Court Cases: Rights of the Accused

Miranda v. Arizona: * Background: Ernesto Miranda was convicted of kidnapping and rape based on a confession obtained during interrogation without an attorney or being informed of his rights. * Ruling: The Court ruled that suspects cannot be questioned until they are informed of their right to remain silent ( $5$ th Amendment) and their right to an attorney ( $6$ th Amendment).
Gideon v. Wainwright (1963): * Background: Clarence Earl Gideon was accused of robbing a pool room based on an eyewitness. He requested a court-appointed lawyer, but the judge denied it as it wasn't a capital case. Gideon defended himself and was convicted. * Ruling: The Court declared that anyone accused of a major crime has the right to legal counsel under the $14$ th and $6$ th Amendments.
Mapp v. Ohio (1961): * Background: Police entered Dollree Mapp's home without a warrant, searching for a fugitive. They found obscene materials instead. She was convicted for having them. * Ruling: The Court upheld the necessity of search warrants and established that evidence seized illegally cannot be used in state courts.

Constitutional Amendments 11 through 27

11th Amendment: Limits the right of individuals to sue states in federal court.
12th Amendment: Requires the Electoral College to cast separate ballots for President and Vice President. This prevents the runner-up from becoming VP (as in the Adams/Jefferson election of $1796$ ) or a tie between teammates (as in the Jefferson/Burr election of $1800$ ).
13th Amendment: Outlaws slavery and involuntary servitude (Abolition), except as a punishment for a crime.
14th Amendment: Extends citizenship to freed slaves and guarantees "equal protection under the law" for all citizens.
15th Amendment: Extends the right to vote to all male citizens regardless of race; women were still excluded.
16th Amendment: Grants Congress the power to impose an income tax.
17th Amendment: Provides for the direct election of Senators by the people rather than state legislatures.
18th Amendment: Prohibition; outlawed the manufacture, sale, and transport of alcohol.
19th Amendment: Granted women the right to vote (suffrage).
20th Amendment: "Lame Duck" amendment; sets the start of presidential terms on January $20$ and requires Congress to assemble annually.
21st Amendment: Repealed the $18$ th Amendment, ending Prohibition.
22nd Amendment: Sets presidential term limits to $2$ terms ( $8$ years maximum).
23rd Amendment: Grants Washington, D.C., electors in the Electoral College.
24th Amendment: Bans poll taxes in federal elections.
25th Amendment: Outlines Presidential succession. The current line is: President -> Vice President -> Speaker of the House -> President Pro Tem of the Senate -> Secretary of State -> Secretary of Treasury -> Secretary of Defense -> Attorney General.
26th Amendment: Lowers the voting age to $18$ for national elections.
27th Amendment: Prevents Congress from granting itself a pay raise until after the next congressional election.

14th Amendment Landmark Cases

Brown vs. Board of Education of Topeka: A unanimous decision ruling that segregated schools were inherently unequal and violated the Equal Protection Clause of the $14$ th Amendment, overturning Plessy vs. Ferguson.
Regents of the University of California vs. Bakke (1978): * Background: Allan Bakke, a white applicant, was rejected from medical school while minorities with lower scores were admitted under a "dual admissions" quota system. * Ruling: The Court ruled that while race could be one factor considered in admissions to promote diversity, it cannot be the only factor/quota.
Bush vs. Gore (2000): * Background: Involved a recount dispute in Florida during the George W. Bush and Al Gore presidential election. * Ruling: In a $5-4$ decision, the Court ruled the recount procedures violated the Equal Protection Clause because they did not value one person's vote the same as another's. This awarded Florida's $25$ electoral votes to Bush.

Law Enforcement Agencies and Jurisdictions

Rule of Law: All people are bound by the law; no one is above it. "Ignorance of the law is no excuse."
Federal Law Enforcement: National jurisdiction. * Department of Justice (DOJ): enforcing law and administration of justice. * Department of Homeland Security (DHS): Protecting against terrorism and natural disasters. * FBI: Investigates terrorists, hackers, gangs, serial killers, and kidnappings. * U.S. Marshals: Enforcement arm of the federal courts; make arrests and issue subpoenas. * DEA: Combats drug smuggling and use. * Secret Service: Protects leaders and investigates financial crimes. * IRS: Collects federal taxes and enforces tax codes. * CIA: National security intelligence for senior policymakers; handles international crimes. * Regulatory Boards: FCC, FAA, FDA, OSHA, EPA.
State Law Enforcement: State-wide jurisdiction. * State Bureau of Investigation (SBI): Investigates homicides, robberies, and property crimes. * NC Highway Patrol (State Troopers): Focus on highway safety and reducing collisions. * NC National Guard: Military force protecting state and nation. * NC Department of Corrections: Oversees the state prison system. * NC Department of Revenue: Administers state tax laws.
Local Law Enforcement: * Sheriff’s Department: County jurisdiction; manages county jail and court security. * City Police: City limits jurisdiction; enforces city ordinances.
Cooperation: Local agencies may request SBI/FBI help for kidnappings, internal investigations, or access to crime labs.

The Criminal and Civil Judicial Processes

Steps in Criminal Justice: 1. Crime committed. 2. Police investigation (using probable cause and search warrants). 3. Arrest (using arrest warrants and reading Miranda rights). 4. Suspect is charged. 5. Preliminary Hearing or Grand Jury Indictment: Decide if a case should go to trial. 6. Arraignment: Defendant enters a plea (Guilty, Not Guilty, or Plea Bargaining for a lesser sentence). 7. Discovery Phase: Pre-trial procedure to obtain evidence from the other party. 8. Trial: Formal examination of evidence. 9. Verdict: Decision by the petit jury (must be unanimous). 10. Sentencing: Assigned punishment if found guilty.
Adversarial System: Two opposing sides (Prosecution/DA vs. Defense Attorney) present to an impartial judge or jury.
Common Trial Terms: * Subpoena: Legal document ordering a witness to court. * Perjury: Lying under oath. * Petit Jury: A trial jury that decides guilt or innocence. * Hung Jury: Jury cannot agree; results in a Mistrial. * Acquittal: Judgment of not guilty. * Burden of Proof: Rests on the prosecution to prove guilt "beyond any doubt."
Civil Process: * Plaintiff: Files a Complaint seeking damages. * Defendant: The person being sued; receives a Summons. * Discovery Phase: Both sides exchange evidence. * Settlement: Resolution reached, often out of court. * Small Claims Court: Local court for small sums of money, often without lawyers.

Roles of Court Officials and Protections

Judge: Presides over the bench; maintains order; determines evidence legality; gives jury instructions; sentences defendants.
Court Reporter: Types the official word-for-word record of trial proceedings on a stenographic machine.
Bailiff: Maintains courtroom order, provides security, guards juries, and swears in witnesses.
Clerk of Court: Manages wills, estates, adoptions, foreclosures, and court fees/fines.
Magistrate: Issues warrants/bail and hears preliminary evidence.
Writ of Habeas Corpus: Directs a warden to produce a prisoner and justify their detention.
Bills of Attainder: Legislative acts punishing people without trial (Unconstitutional).
Ex Post Facto Laws: Laws that punish actions that were legal when they were committed (Unconstitutional).