ConstitutionalLaw - Machelle 2408554726 Storm Rosser...

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Machelle 2408554726 Storm Rosser 2023784825 Janee Ward 202 821 5103 Tiquanda Seward 2527670443 8-27-2009 Constitutional Law State Trial Courts in North Carolina Magistrate NC District Court NC Superior Court Intermediate Appellate Level A. NC Court of Appeal Highest Appellate Court B. NC Superior Court Jurisdiction- The power of a court to hear a case 2 Aspects Personal Matter Jurisdiction Subject Matter The right person has to final in the right court in order for the case to be heard. Civil Case (Rule 4) - The legal remedy flows between two individuals. Individual vs. individual. Standing- is the individual the proper party involved in the case. The plaintiff must have suffered an injury in fact / casual connection must exist between the injury and the conduct complained/ and it must be likely and not merely speculative that the injury will be redressed by a favorable decision You have to have standing to sue… The Law has limits. Everyone doesn’t have a right to sue. Legal Basis of Position Legal Basis of theory Law is not based on feelings You can’t be guilty by assumption Federal Question Supreme Court has two Kinds of Jurisdictions Original – Where the case originates Appellate- where the case is appealed
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Machelle 2408554726 Storm Rosser 2023784825 Janee Ward 202 821 5103 Tiquanda Seward 2527670443 Most of the work of the US Supreme Court is within its appellate jurisdiction. The Supreme Court helps us to know how to exercise our rights as citizens… The Appellate Jurisdiction can be changed by an act of congress Application of the Atwanda Rule Rule of 4 Majority opinion – 5 justices Dissenting opinion disagrees with majority Concurring Opinion Disagrees for a different opinion The United States Constitution outlines the fundamental structure of our government Supreme law of the land State and Federal law All legislative powers are vested in the senate and House of Representatives Every 2 years / 25 years old / 7 years a citizen One for every 30,000 Writs of election ? 2 senators from each state 3 class senators 1 st – 2years 2 nd - 4 years 3 rd - 6years Vice President = President of Senate president pro tempore President legal trouble impeachment – chief justice presides Congress assemble one time per year 1 st Monday in December If senate request a law to be passed and he denies the order the house can still vote and make it law as if the president signed the order. Rules of limitations prescribed in the case of a bill? Articles of Confederation No regulation No Bill of Rights No Supreme Court No Structure
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Machelle 2408554726 Storm Rosser 2023784825 Janee Ward 202 821 5103 Tiquanda Seward 2527670443 State Trial 1. Magistrate 2. NC district court 3. NC Superior Intermediate 1. Appellate Court 2. NC Supreme Court Federal Court Trial 1. US Magistrate 2. US district Court US Circuit Courts of Appeals; ( NC is in the 4 th circuit) US Supreme Court State House of Philly 9/17/1787 Core Ingredients of the United States Constitution Preamble
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This note was uploaded on 06/21/2011 for the course CONSTITUTI 150 taught by Professor Margaretdudely during the Fall '09 term at N.C. A&T.

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ConstitutionalLaw - Machelle 2408554726 Storm Rosser...

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