Our Legal System

Criminal Law
1. Civil Law
  1. cases that involve a plaintiff suing another person for damages and more
    1. plaintiff the person filing the lawsuit
    2. defendant the person being sued
  2. Tort is a fancy name for civil law
2. Misdemeanors
  1. Less serious crimes that are punishable with less than 1 year in prison
  2. Examples
    1. Larceny (shoplifting)
      1. Prostitution
        Trespassing
3. Felonies
  1. Examples
    1. Homicide (aka murder)
    2. Robbery
    3. Burglary aka breaking and entering
  2. More serious crimes
Constitutional Law
1. Administrative Law
  1. governs the act of administrative agencies of government
    1. Examples
      1. tribunals
      2. boards
      3. commissions
  2. considered a branch of public law
2. cases over constitutional issues
  1. Gideon v. Wainwright
    1. established right to a lawyer
      1. 6th amendment
        fair, speedy, public trial
        right to trial by jury
Us Federal Court System
1. U.S. Supreme Court
  1. U.S. Courts of Appeals
    1. U.S. District Courts
NC State Court System
1. NC Supreme Court
  1. NC Court of Appeals
    1. Superior Court
      1. District Court
The steps of a Criminal Case
1. Arraignment
  1. Preliminary Hearing
    1. Superior Court Arraignment
      1. Pretrial Hearing and Motions
        Jury Trial
Gideon V. Wainwright- The case where we were won the right to a lawyer
1. Miranda V. Arizona- The case where we won the the right to have our rights read to us if we are arrested
  1. Mapp V. Ohio- We won the right to not be searched unless a warrant is granted to those persons wanting to search
    1. Gregg V. Georgia- Reaffirmed our use of the Death Penalty
      1. Exclusionary Rule
      2. Death Penalty
    2. Search Warrant
  2. Miranda Rights
2. 6th Amendment

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Our Legal System

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