Home
Frequently Asked Questions
A Kid's View of the Courts
History of NC Judges
The Structure of the
The Appellate Division is located in the state's capital, Raleigh, North Carolina, and each of the District Court Divisions and Superior Court Divisions, referred to as the trial courts, are located in judicial districts throughout the state. Cumberland County, which is the twelfth judicial district, operates a district court division and a superior court division.
u
The Appellate DivisionThe Appellate Division of the General Court of Justice is composed of the Supreme Court and the Court of Appeals. Neither court has a jury, and makes no determinations of fact; rather, each considers errors in legal procedures or in judicial interpretation of the law and hears arguments on the written record in cases appealed from the trial court below.
n
The Supreme Court is the state’s highest court. This court consists of the Chief Justice and six associate justices, who sit as a body in Raleigh.The Supreme Court’s caseload consists primarily of the following;
Appeals as a matter of right: Imposition of a death sentences in first-degree murder cases, review of general rate-making cases set by the N.C. Utility Commission, cases involving questions of state or federal constitutional law or a legal question of major significance. Or when there is a dissent in the opinion of the Court of Appeals, and the party request review.
Appeals by certification in the court's discretion: Cases of significant public interest, legal principles of major significance, where delay would cause substantial harm or a backlog exists in the Court of Appeals. Also after hearing in the Court of Appeals, decisions in conflict with previous Supreme Court decision, or on motion of the state in criminal cases.
n
The Court of Appeals is an intermediate appellate court. It is composed of twelve judges, who sit in panels of three. Most sessions are held in Raleigh, but sessions have on occasion sat in other localities throughout the state. In May of 1999, the Court of Appeals sat for the first time in Cumberland County. It hears and decides cases appealed as a matter of right or by writ of certiorari from the Superior Courts, District Courts, and various other commissions throughout the State.u
The Trial Courtsu
The Superior Court DivisionThe superior court is a court of general jurisdiction.
n
Civil jurisdiction of the superior court is concurrent with that of the district court. Cases involving more than $10,000 in money and a few special categories of cases (injunctions, constitutional issues, eminent domain actions, corporate receiverships, review of certain administrative agency rulings, special proceedings, and matters on appeal from the clerk), are usually tried in superior court. A jury of twelve persons is available in civil cases. However, counsel may elect to try an action by jury or by judge. All civil matters filed in the superior court division are subject to a Mediated Settlement Conference prior to trial.n
Estates and Special Proceedings jurisdiction of the superior court is exclusive to the clerk of superior court. The original, exclusive jurisdiction of the clerk of superior court includes all matters of probate and administration of decendent's estates, administration of guardianships and trusts and supervision of other fiduciaries.n
Criminal jurisdiction of the superior court provides for exclusive jurisdiction over the disposition of all felonies (major crimes) and jurisdiction over any misdemeanors and infractions appealed from a conviction in district court. The superior court division is the only level of court in the structure of the North Carolina system where the defendant has a right to trial by jury. A jury of twelve is required and a verdict must be reach unanimously and beyond a reasonable doubt. Sentencing in criminal offenses, [except Driving While Impaired] committed on or after October 1, 1994 are subject to sentencing pursuant to the provisions of structured sentencing. Felony Offenders may be referred to the Fayetteville Area Sentencing Center prior to sentencing.The district court is a court of general jurisdiction and is somewhat complicated to explain.
n
Civil jurisdiction of the District Court is proper for cases involving amounts in controversy of $10,000 or less. However, with concurrent jurisdiction of civil cases between the district and superior court, no case is ever "thrown out" of either division for failure of parties to follow this rule, although a case may be transferred to the proper division. These cases are subject to Court-Ordered Arbitration prior to trial.Family Court. Civil domestic relation's matters (divorce, custody and support of children) are properly the business of the district court. Matters involving child custody are subject to the provisions of Child Custody/Visitation Mediation and Parenting Education, and matters involving equitable distribution of property are subject to the provisions of Equitable Distribution and Family Financial Mediation.
Small Claims Court. Civil cases involving amounts not over $3,000 are assigned to a magistrate for trial in Small Claims Court. A jury may be requested for trial of a civil case before a district court judge or the party may request trial by judge.
n
Criminal jurisdiction of the district court is less complicated. The district court has authority in felony cases to conduct preliminary hearings to determine whether there is probable cause to bind the defendant over to the grand jury for indictment to stand trial in superior court. In misdemeanor and infraction cases, the district court has exclusive original jurisdiction for the disposition of all actions which, if tried, is without jury. Some lesser matters may be waived before the magistrate or the clerk of superior court. Some district court cases involving disputes, may be referred by the District Attorney to the Cumberland County Dispute Resolution Center for mediation. Sentencing in criminal matters, [excluding DWI offenses] committed on or after October 1, 1994 are subject to the provisions of structured sentencing.n
Juvenile jurisdiction is both civil and criminal. Juvenile cases are initiated by petition and a judge conducts the hearings, with appointed attorneys to represent the juvenile. Civil cases are children under the age of eighteen who are "dependent," "neglected" or "abused." Criminal cases are children under age sixteen that are "delinquent" or "undisciplined". An undisciplined or delinquent juvenile is placed under the supervision of the NC Department of Juvenile Justice and Delinquency Prevention. In some criminal actions the court may find reasonable grounds to bound the case over to the criminal superior court for hearing where the juvenile would be tried as an adult.n
Magisterial jurisdiction is both civil and criminal. The magistrate’s authority in criminal matters is limited to (a) accepting guilty pleas to minor misdemeanors and pleas of responsibility to infractions; (b) accepting a waiver of trial and guilty pleas to certain traffic, littering, wildlife, boating, marine fisheries, state park recreation and alcoholic beverage violations; and (c) accepting a waiver of trial and guilty pleas in worthless check cases in which the check is for $2,000 or less. The magistrate also issues arrest and search warrants and sets bail.In civil cases, the magistrate is authorized to try small claims matters involving up to $3,000 money value, including summary ejectment (landlord’s action to remove a tenant) cases. Trial is always without a jury and may be appealed for hearing before a district court judge. Matters appealed involving monetary relief only, will first be subject to alternative methods of dispute resolutions prior to trial.
Other than the matters addressed above, the magistrate is authorized to perform marriages as well as other various quasi-judicial and administrative functions.