Section 1

courts of limited jurisdiction

where do the majority of our individual rights come from

felony trial courts; felony trials and felony sentencing; major civil cases; can try again to throw out charges/evidence

superior courts in NC

funded by the state; first level of appeals courts -- right to appeal is given to us via statue, not given in the constitution, those convicted in the superior courts can appeal in this court first; issues arising in either GJC or LJC wil be heard here; DOES NOT HAVE DISCRETION -- have to hear and decide the cases that come their way; ONLY FOR QUESTIONS OF LAW, NOT QUESTIONS OF FACT

first level of appellate courts in the federal system

how many total circuits are there?

which circuit is NC in?

first national constitution, designed to protect sovereignty of the states (tried to create a federal government); no power to levy taxes, regulate interstate commerce, foreign relations, etc; could not unite states, so the states did their own thing

(majority of courts) most cases start here; limited in types of cases they can hear; questions about violations of procedural rights START here; lowest courts in the CJS; will not see major civil cases or felonies; cannot throw out charges during this first appearance -- CA does not have a LJC

state funded; court of last resort for issues involving state law (not federal law); HAVE DISCRETION -- can pick and choose what cases they hear; death penalty cases decided in Superior Court can go directly to State Supreme Court; in NY, the "Court of Appeals" is their Supreme Court

lowest courts in the federal court system; country divided into 94 districts (every district has multiple courthouses -- districts are set by Congress); hear misdemeanor and felony trials & sentencing, plus civil cases

first level of appellate courts in federal system; country is divided into 11 numbered Circuits (plus a DC Circuit & Federal Circuit) -- 12 total; NC is in the 4th Circuit -- in Richmond, VA

how many US courts of appeal per circuit

court of last resort for issues involving federal law and US Constitution; nothing can change the ruling that is handed down except the US Supreme Court; have a LOT of discretion & original jurisdiction over certain cases

state & federal -- combines the two to see how they work together (especially with regards to Constitutional rights)

ability of a court to hear a case; has to do with what court hears what; SCOTUS has no jurisdiction over exclusive state matters; has nothing to do with geography

after trial and sentencing, appeal is possible (when there is a question of law, not evidence)

plea bargain is a form of what?

appeal right is granted by what?

uphold decision of last court to hear the case (the trial court) -- essentially, upholding the decision of "guilty"

overturn decision of last court to hear the case -- they are reversing it 'for the time being' & the state can appeal to the State Supreme Court -- state can challenge this decision

(seen at state court level) -- reverse, then send the case back to the lower court for further processing -- further processing takes away the evidence in the retrial (the evidence seized in the first trial)

first name on case is the party who is appealingringing the case; this can change as the case moves through the appellate process

"defendant" used because they are defending against the charges; can also citate a case using: (Smith v. Jones ________ US ________ (2021))

issued by the court when it wishes (agreed) to take the case; issued to the last court to hear the case

"Friend of the Court" briefs; filed by interested parties who wish to make their views known to the court (usually groups like the NRA voicing how they think the court should rule

vacate normally deals with a sentence (jail/prison time or death sentence); rulings are made by a majority vote

written justification for ruling by a member of the majority vote; "Reverse the decision handed down by the Ninth Circuit Court of Appeal"

member of majority vote who writes own justification for his/her vote

written justification for minority ruling by a member of the minority vote (the losers of the case)

the "what" of the law; contains what constitutes a criminal activity as well as punishments; "I cannot commit a crime"

the "how" of the law; the procedures the govt. needs to go thru and fulfill to convict (jury, questioning, etc); "police cannot commit a crime"

highest form of law in the country; all federal and state laws must abide by US Constitution; has huge bearing on criminal procedure - BOR & 14th Amendment

highest form of law in states - but must abide by US Constitution; most State Constitutions give us more rights than the federal one; many state constitutions are older and longer than the US Constitution

General Assembly (federal and state), Congress (federal and state); enact both substantive and procedural law; enact criminal civil, administrative, etc laws; most COMMON source of law

Regulatory Agencies (FDA, SEC) creating regulations that companies, businesses, etc must abide by; given their power by legislatures or the executive branch, but have responsibility to regulate; police department policies are an example of administrative policy

created by decisions of judges in cases (typically APPELLATE court judges) they are law based; become policy makers essentially; "norm enforcers" are TRIAL court judges - they are FACT based; much procedural law comes from judges interpreting and applying the provisions in the US Constitution

law/policy does not exist, and judges implement one (the Exclusionary Rule); law/policy needs to be tailored to apply it to certain circumstances (Good Faith Exception to Exclusionary Rule); law/policy violates the Constitution (Fleeing Felon Rule being overturned)

Equal protection; no ex post facto laws; understandable; should not require the impossible; should not change too frequently; action must be congruent with the books (must be enforced as written)

substantive law is what?

procedural law is what

freedom from coercive government

equality under the law, not absolute equality

rebellion against King John; sought to limit power of the monarchy; "Law of the Land"; "Rule of Law" (everyone being under the law - no one is above the law (King))

use of knights to settle civil claim jumping disputes evolved into criminal trial (12 knights to settle case, now we have 12 jurors to settle cases); set up accusatorial system, as opposed to inquisitorial system (basically who can make the best argument)

Bushell's Case (see Discussion Reading #2)

you are guilty based on the evidence

how you are found in a court of law (innocent is never a conclusion, it is a defense)

nullifying a court decision for your own reasons (in support of the defendant) - Ex: jury finds a woman not guilty for killing her husband who constantly beat her and mistreated her

Article 1 of the Constitution; to challenge the legality of your detention; means to "present the body" (See handout on ASULearn - England 1600s doc)

after Glorious Revolution and Restoration of Monarchy; redress of grievances, bear arms, freedom of speech for Parliament, prohibition against excessive bail, fines, and cruel and unusual punishment

initially held positions "at King's pleasure"; after Glorious Revolution - life tenure, good behavior

Article 1, Section 9

Article 3, Section 2

Article 1, Section 2

Article 1, Section 9

1791; listed prohibitions on federal government ONLY

applying the BOR to the states - forcing states to abide by these provisions

separation of powers: legislative - establishes laws; judicial - interprets laws; executive - executes laws

Virginia; free exercise of religion, trial by jury, speedy trial, self-incrimination, notice of charges, no excessive bail, fines, cruel and unusual punishment

vague until 1803 (Marbury v. Madison) - power of judicial review

state laws in state court, federal laws in federal court; the ability of separate sovereignties (i.e., separate states) to pursue the same case in criminal court when the offense committed impacts both jurisdictions

state law contravenes federal law or US Constitution; disagreement between 2 states

Supremacy Clause (Article 6, Section 2) & Necessary and Proper Clause (Article 1, Section 8)

Article 1, Section 2 & Article 1, Section 9

three-fifths compromise

Congress cannot prohibit the import of slaves until 1808

opportunity for SCOTUS to become involved in slavery matters; said that ultimately, slavery is a state issue - if the states want to be slave states, the fed. govt. can do nothing about it; Missouri Compromise of 1820 is being challenged

ended slavery

no state shall deny due process or equal protection to former slaves; used by federal courts to apply the BOR to the states (eventually)

first real test of 14th Amendment - does it apply to former slaves only or to everyone?; established "dual citizenship" (citizens of both the states and federal government; 14th amendment does not apply to those who are not slaves; Louisiana can do whatever - if they violate your rights, take it up with them; Rights Of Businesses

involving state violations of rights; "separate but equal" is ruled constitutional; Justice Harlan's Dissent: first indication of someone on SCOTUS willing to listen to state violation of rights, says the Constitution is color-blind

federal courts became cognizant of egregious state practices (lynch mobs, torture, etc)

right to counsel for capital defendants in state courts; first glimpse of SCOTUS developing a spin when it comes to rights; ruled that "fundamental fairness" requires due process - 14th Amendment Due Process Clause invoked (right to counsel) - only applies to death penalty cases in the states

double jeopardy issue; SCOTUS says only "fundamental rights" and those "essential to a scheme of ordered liberty are to be incorporated - double jeopardy is not one of these, so states do not have to abide by it; established practice of selective incorporation

shift towards more incorporation; makeup of the court changed - new justices felt more rights were fundamental; some new justices wanted total incorporation or total incorporation plus

individual relief (throwing out cases against certain individuals but not enforcing anything against places like police departments); societal relief

due process revolution

which 3 rights have not been incorporated?