NC Government and Legal System Notes

  • N.C. General Assembly

    • Senate: 50 members, 2-year terms, minimum age 25.

    • House: 120 members, 2-year terms, minimum age 18.

    • Annual meetings: Long (odd years), Short (even years).

    • Daily meetings: Monday night, Tuesday-Thursday.

    • Types of laws: Criminal statutes, authorizations, state services, control over counties/towns. Amendments need 3/53/5 vote and citizen approval.

    • Citizen legislation: Referendum (bill proposed by GA, approved by voters), Initiative (people propose, vote; difficult in N.C.), Recall (removing officials; nonexistent in N.C.).

  • Raleigh City Council

    • 8 members, Mayor: Janet Crowell, 2 at-large, 5 district reps.

    • Meets Tuesdays, citizens can petition to speak.

    • Committees: Economic development, growth/resources, neighborhoods, transportation.

  • Wake County Board of Commissioners

    • 9 members from districts.

    • Meetings: 1st and 3rd Mondays.

    • Committees handle taxes, schools, crime.

    • County Manager: David Ellis.

  • N.C. Governor

    • Minimum age: 30, residency: 2 years, citizenship: 5 years.

    • Term: 4 years, limited to 2 consecutive, 4 total.

    • Lieutenant governor elected separately.

    • Responsibilities: Budget, executes laws, national guard commander, clemency, convenes sessions.

    • Veto powers: No line-item, no pocket veto.

  • N.C. Cabinet

    • Includes Administration, Commerce, Environment, HHS, IT, Military/Veterans Affairs, Natural/Cultural Resources, Public Safety, Revenue, Transportation.

  • N.C. Council of State

    • Includes Attorney General, Agricultural Commissioner, Insurance Commissioner, Secretary of State, Secretary of Labor, State Auditor, Treasurer, Superintendent of Public Instruction.

  • The North Carolina Court System

    • District Court: Civil suits under 10,00010,000, misdemeanors, probable cause hearings, mental health commitments, family court; magistrates preside.

    • Superior Court: Civil cases over 10,00010,000, felonies, appeals from district court; judges elected state-wide, jury of 12.

    • Court of Appeals: 3 judge panel, hears questions of law; 15 judges elected to 8-year terms.

    • NC Supreme Court: Appeals of Constitutional law/procedures; Chief judge and 6 associate judges elected for 8 years.

  • Criminal Law

    • Violation of penal code; Prosecution vs. Defendant.

    • Types of crime: Felony (1+ year prison, loss of rights), Misdemeanor (less than 1 year jail, fines).

    • Consequence: Rehabilitation, suspended sentence, probation, parole, restitution, work release.

    • Crimes against property: Larceny, Burglary, Robbery.

  • Juvenile Court System

    • Goal: Rehabilitation.

    • Juvenile offenders: Delinquent (under 18, criminal code violation), Status offender (under 16/17, truancy, beyond control).

    • Procedures: No jury, private, no fingerprints/mugshots, records expunged.

    • Relevant Cases: In Re Gault (parents informed), Miller v. Alabama (no mandatory life sentences for minors).

    • Family Court: Abuse, neglect, custody.

  • Criminal Court Procedures

    • Arrest, Booking, Probable cause hearing, Bail.

    • Grand Jury: Decides indictment.

    • Arraignment: Formal charges, plea.

    • Plea agreements common.

    • Case preparation: Evidence shared, subpoenas issued.

    • Jury selection (voir dire).

    • Prosecution presents case, defense presents case.

    • Jury deliberation: Verdict (guilty/not guilty).

    • Hung juries possible.

    • Sentencing, Appeals.

  • Civil Law

    • Disputes between parties, plaintiff vs. defendant.

    • Civil claims: Negligence, Liability.

    • Outcomes: Damages (actual, punitive), Injunctions, Writs of mandamus.

    • Procedures: Complaint, Summons, Pleading, Dismissal.

    • Discovery phase.

    • Settlements common.

    • Mediation/Arbitration.

    • Trial: Judge presides, juries uncommon.

    • Burden of proof: Preponderance of evidence.

    • Rendering decision: Remedy set.

    • Appeals.