Law & Legal & Attorney Criminal Law & procedure

What Is the Judicial System Structure in North Carolina?

    Supreme Court of North Carolina

    • The Supreme Court of North Carolina is the highest court in the state. Although in some cases an appeal to the federal courts is allowed, a decision by the Supreme Court of North Carolina is the final decision in the state court system. This court has a total of seven justices, a chief justice and six associate justices, who sit in Raleigh as a panel and hear appeals. There is no right to a jury in the Supreme Court, and it is concerned with errors in legal procedures or in judicial interpretation of the law, not factual evidence.

    Court of Appeals

    • The only intermediate appellate court in North Carolina is the Court of Appeals. Sitting in Raleigh in rotating panels of three, 15 judges decide only questions of law on cases appealed from the Superior and District courts, with the exception of death penalty cases.

    Superior Court

    • The Superior Courts in North Carolina have exclusive jurisdiction over felony criminal cases, civil cases which involve an amount in controversy in excess of $10,000 and misdemeanor and infraction cases which are appealed from the District Court. A 12-person jury hears criminal cases. In civil cases,juries are often waived, and the judge makes the final decision.

      Superior Court is divided into eight divisions and 46 districts. The judges rotate among the districts in their division every 6 months in an effort to avoid the appearance, or reality, of favoritism that might result from having a permanent judge or judges in one district.

    District Court

    • District Courts are divided into four categories: criminal, civil, juvenile and magistrate. The District Court sits in the county seat of each county. It may also sit in certain other cities and towns as authorized by the General Assembly of the state.

      Civil cases including divorce, child support, custody, and cases less than $10,000 are heard in District Court. The District Court also hears juvenile cases.

      Magistrates accept guilty pleas for minor misdemeanors, traffic violations and worthless-check cases, among other offenses. In civil cases, the magistrate handles small claims up to $5,000 and landlord eviction cases.

    Federal Court

    • The Federal District Court system in North Carolina is divided into the Eastern and Western Districts and includes offices in Greenville, Raleigh, Charlotte, Statesville, Asheville, Bryson City and Wilmington.

      These courts hear all federal cases, including violations of federal criminal laws, cases involving federal questions and disputes among citizens of different states where there is complete diversity of citizenship and an amount in controversy in excess of $75,000.

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