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kyle.coughlin
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Magistrate Court Civil Case Duties
- small claims (less than $4,000)
- property evictions
- landloard/tenant disputed
- marges
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Magistrate Court Criminal Case Duties
- review probable cause for all state arrests
- search warrants
- arrest warrants
- sets bond/bail amout
- may handle low level offenses
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Misdemeanor Court Civil Case Duities
- medium size law suit (between $4,000 and $10,000)
- family matters such as annulments, divorce, property distribution, child support
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Misdemeanor Court Criminal Case Duities
- midemeanor cases are bench trials
- traffic court (major offenses)
- felony preliminary hearing
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Major Trial / Superior Court Civil Duties
- large lawsuits (over $10,000)
- probate wills and estates
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Major Trial / Superior Criminal Civil Duties
- retry midemeanor cases (appeals) from district/misd. court
- felony trials
- new "specialty" courts: drug court, mental health, repeat offender court
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Intermediate Appellate Court
- handle appeals from superior/felony court
- review case for error
- work on a pannel of judges
- can affirm (up hold) or reverse --> remand for new trial
- issue written opinion as to why they chose what they did
- their decision may be appealed to state supreme court
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State Supreme Court
- court of last resort in state system
- may or may not accept a case from appellate court
- work in a group of judges (NC uses 7)
- they can affirm, reverse, remand
- issue opinion
- a case lost in state supreme court could be appealled and reviewed by the US Supreme Court if there is a federal constitutional legal issue
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US Supreme Court
- 9 justices
- highest level court
- appointed by President and approved by senate
- min of 4 justices needed to approve case to be reviewed by court
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Selection of State Judges
- election- campain for auction
- appointed by govenor
- merrit plan- objective commition selects nominies to be presented to govenor then one selected for a one year period then public vote to keep on bench
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Selection of Federal Judge
appointed by President and approved by senate
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Duties of Trial Judges
- security in the court room
- make sure there is a fair trial
- make decisions in regards to pre-trial motions
- legal instructions to the jury
- signing off on warrarts
- judicial training for new laws
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Marbury v. Madison
established basis for judicial review
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Writ of certiorari
allows the Supreme Court to decide which cases to hear
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The rule of four
4 or more federal judges agree to hear a case
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