ConflictsConflictsThe United States’ Political The United States’ Political

and Judicial Systemand Judicial System

ConflictConflict……

A battle; a disagreement of ideas, or A battle; a disagreement of ideas, or interests. (Webster)interests. (Webster)

Are there any benefits of conflict? Are there any benefits of conflict?

Conflict resolution-Conflict resolution- ending conflict ending conflict in a manner acceptable to both sidesin a manner acceptable to both sides

What is your conflict resolution style?What is your conflict resolution style?– Take a few minutes and complete the Take a few minutes and complete the

handouthandout

Methods of ResolutionMethods of Resolution

DebateDebate- opposing sides present their - opposing sides present their position on an issue using facts to persuade position on an issue using facts to persuade the opposing side to agree with themthe opposing side to agree with them

PoliticsPolitics Congress, General Assembly, local councilsCongress, General Assembly, local councils

NegotiationNegotiation- opponents meet to discuss - opponents meet to discuss how to reach a conclusion acceptable to how to reach a conclusion acceptable to both sidesboth sides

Requires compromiseRequires compromise

ResolutionResolution

CompromiseCompromise- give up something - give up something desired to reach a solution that desired to reach a solution that makes both parties happymakes both parties happy

A must for law making (Congress and A must for law making (Congress and General Assembly)General Assembly)

Consensus building-Consensus building- how a general how a general agreement is reachedagreement is reached-accomplished through debate and -accomplished through debate and

negotiationnegotiation

-jurors-jurors

-political leaders-political leaders

Types of JurisdictionsTypes of JurisdictionsFor state and federal courts:For state and federal courts:

OriginalOriginal-authority to hear -authority to hear case case firstfirst

Violations of state lawViolations of state law

JurisdictionJurisdiction

AppellateAppellate-authority to -authority to reviewreview decision from court decision from court with original jurisdictionwith original jurisdiction

JurisdictionJurisdiction

ConcurrentConcurrent--bothboth having having authority to hear a caseauthority to hear a case

JurisdictionJurisdiction

ExclusiveExclusive-only -only federalfederal courts may hear the casecourts may hear the case Bankruptcy cases and cases Bankruptcy cases and cases

involving the US governmentinvolving the US government

State CourtsState Courts

NC Supreme CourtNC Supreme Court HighestHighest state court state court Appellate jurisdictionAppellate jurisdiction over decisions over decisions

made in district and superior courtsmade in district and superior courts Power to Power to strike down lawsstrike down laws that violate that violate

the NC Constitutionthe NC Constitution

State CourtsState Courts

NC Court of Appeals NC Court of Appeals Intermediate appellate courtIntermediate appellate court Appellate jurisdictionAppellate jurisdiction over decisions over decisions

made in district and superior courtsmade in district and superior courts

State CourtsState Courts

Superior CourtsSuperior Courts General trial courtsGeneral trial courts jurisdiction over jurisdiction over felonies felonies andand more more

serious civil casesserious civil cases

District CourtsDistrict Courts Lower courtsLower courts Jurisdiction over Jurisdiction over misdemeanormisdemeanor criminal criminal

cases and cases and small claim civil casessmall claim civil cases

Civil vs. CriminalCivil vs. Criminal

State courts consist of bothState courts consist of both

Civil courts-Civil courts- hear hear disputesdisputes between between private citizens, businesses, private citizens, businesses, organizations, etcorganizations, etc

Criminal courts-Criminal courts- hear cases involving hear cases involving alleged alleged violations of the state’s lawsviolations of the state’s laws

Federal CourtsFederal CourtsUS is divided into geographic judicial districtsUS is divided into geographic judicial districts US District CourtsUS District Courts

Trial courtsTrial courts for for civilcivil and and criminalcriminal cases cases ORIGINAL jurisdictionORIGINAL jurisdiction over cases: over cases:

Crimes violate federal lawsCrimes violate federal laws where US is either plaintiff or defendantwhere US is either plaintiff or defendant arising from disputes occurring at sea or in “navigable arising from disputes occurring at sea or in “navigable

waters” in USwaters” in US Disputes between parties from different statesDisputes between parties from different states Disputes between US citizen and foreign nationalDisputes between US citizen and foreign national complaint is based on federal law rather than state lawcomplaint is based on federal law rather than state law

District Court judgesDistrict Court judges appointed by appointed by president; serve for lifepresident; serve for life

Federal CourtsFederal Courts

Special CourtsSpecial Courts Original jurisdictionOriginal jurisdiction over certain cases: over certain cases:

Court of International Trade-cases involving Court of International Trade-cases involving international trade and customsinternational trade and customs

US Court of Federal Claims- claims for US Court of Federal Claims- claims for monetary damages filed agains the USmonetary damages filed agains the US

US Tax Court- cases dealing with contested US Tax Court- cases dealing with contested tax assessmentstax assessments

Federal CourtsFederal Courts

US Court of AppealsUS Court of Appeals ““Circuit Courts” Circuit Courts” Mid-level appellate courtsMid-level appellate courts Hear cases appealed from:Hear cases appealed from:

District and Special courtsDistrict and Special courts State Supreme CourtsState Supreme Courts

13 US Appellate Courts13 US Appellate Courts 12 serve specific geographic regions12 serve specific geographic regions 1 has nationwide jurisdiction and hears 1 has nationwide jurisdiction and hears

appeals from Special Courtsappeals from Special Courts

Federal CourtsFederal Courts US Supreme CourtUS Supreme Court

Highest courtHighest court in the US in the US Appellate jurisdictionAppellate jurisdiction over all lower over all lower

courtscourts Original jurisdictionOriginal jurisdiction over: over:

Cases involving ambassadors, public Cases involving ambassadors, public ministers, and consuls ministers, and consuls

Cases where a state shall be a partyCases where a state shall be a party 9 justices9 justices (appointed by president, (appointed by president,

approved by Congress)– 1 Chief Justice approved by Congress)– 1 Chief Justice and 8 associate justicesand 8 associate justices

Power to declare laws unconstitutionalPower to declare laws unconstitutional

Essential QuestionsEssential Questions

1.1. What types of cases are handled in What types of cases are handled in the various state and federal courts?the various state and federal courts?

2.2. What circumstances determine if a What circumstances determine if a case may be appealed?case may be appealed?

3.3. What is the purpose of a tiered court What is the purpose of a tiered court system?system?

*Complete for homework- 12/1/08*Complete for homework- 12/1/08

Output-L44Output-L44

Create a diagram to help organize Create a diagram to help organize the information we have covered.the information we have covered.

Use the TRIANGLE. Use the TRIANGLE. We’ve done this before…it should be We’ve done this before…it should be

easy.easy. Include: jurisdictions, # of judges, Include: jurisdictions, # of judges,

type of jurisdiction…anything else to type of jurisdiction…anything else to help you excel.help you excel.

Civil CasesCivil Cases““Torts”Torts” – involve alleged injuries to one’s body, – involve alleged injuries to one’s body, reputation, property or businessreputation, property or business

PlaintiffPlaintiff- person who - person who complainscomplains; feel they have ; feel they have been wrongedbeen wronged

SummonsSummons- inform the defendant of the charges - inform the defendant of the charges against themagainst them

SettlementsSettlements reach a resolution without going reach a resolution without going to courtto court

Appellate CourtsAppellate CourtsCourts hearing appeals (US Court of Appeals, Courts hearing appeals (US Court of Appeals, Supreme Court, NC Court of Appeals, NC Supreme Court, NC Court of Appeals, NC Supreme Court)Supreme Court)

AppealsAppeals- review a previous court decision- review a previous court decision

Issue of factIssue of fact (says certain facts in a case were (says certain facts in a case were not given proper consideration)not given proper consideration)Issue of lawIssue of law (says the law was not followed- (says the law was not followed- trial procedures were not properly followed or trial procedures were not properly followed or defendant’s rights were violated)defendant’s rights were violated)

Appellate CourtsAppellate Courts

No juriesNo juriesAppellate courts have panels of judgesAppellate courts have panels of judges Oral argumentsOral arguments are presented by lawyers are presented by lawyers Judges issue a decision about the case:Judges issue a decision about the case:

Majority opinionMajority opinion (court’s decision because (court’s decision because majority of judges agree)majority of judges agree)Dissenting opinionDissenting opinion (different conclusion reached) (different conclusion reached)Concurring opinionConcurring opinion (opinion agreeing with the (opinion agreeing with the majority opinion, but reached based on different majority opinion, but reached based on different reasons)reasons)

5.4 Legislative Process5.4 Legislative Process

Creating laws:Creating laws: Idea is written as a Idea is written as a proposalproposal

president president interest groups interest groups members of Congressmembers of Congress

Members of Congress introduce Members of Congress introduce billsbills House of RepresentativesHouse of Representatives SenateSenate

Introduced in House Introduced in Senate

Introduced

Committee

Read and Debated on Senate Floor

Committee

Introduced

Read and Debated on House Floor

Conference Committee

Final Approval by vote in both houses

President

How a Bill Becomes a Law

LAWVETO

Filibuster andCloture

Next steps…Next steps…

Bill introducedBill introduced Bill sent to a Bill sent to a standing committeestanding committee in one in one

house of Congresshouse of Congress Permanent committees with members of Permanent committees with members of

both partiesboth parties Led by Led by committee chairmencommittee chairmen JobJob to study and debate bill to study and debate bill Conduct Conduct public hearingspublic hearings (the public can (the public can

express their opinions about the bill)express their opinions about the bill)

SubcommitteesSubcommittees

SubcommitteesSubcommittees-smaller committees -smaller committees made up of members of Congressmade up of members of Congress Study the billStudy the bill Report findings or suggestions to entire Report findings or suggestions to entire

committeecommittee

Seniority System-Seniority System- member of majority member of majority party who had most experience would be party who had most experience would be chosen for leadership positionschosen for leadership positions

CommitteesCommittees Joint CommitteesJoint Committees- members of - members of bothboth the the

House and Senate; House and Senate; permanentpermanent

Conference CommitteesConference Committees temporarytemporary committees committees Members of Senate and HouseMembers of Senate and House Created when both houses pass different Created when both houses pass different

versions of the same billversions of the same bill JobJob to create a version acceptable to both to create a version acceptable to both

houseshouses

Committee ActionCommittee Action

1.1. Recommend bill to entire house in its Recommend bill to entire house in its original formoriginal form

2.2. Recommend the bill with changesRecommend the bill with changes

3.3. Send the bill for a vote without the Send the bill for a vote without the committee’s recommendationcommittee’s recommendation

4.4. Ignore the bill and let it “die in Ignore the bill and let it “die in committee”committee”

After a visit to After a visit to committee…committee…

Goes before entire house for debateGoes before entire house for debate Entire house votesEntire house votes

House of RepresentativesHouse of Representatives

House Rules CommitteeHouse Rules Committee Decide how bills will move through the Decide how bills will move through the

HouseHouse Most powerfulMost powerful committee in Congress committee in Congress

Limits how much time can be spent debating a Limits how much time can be spent debating a billbill

SenateSenate

No Rules CommitteeNo Rules Committee

Allows more time for debateAllows more time for debate Enables Senate to use Enables Senate to use filibusterfilibuster Ended by a Ended by a cloturecloture (3/5 vote to close the debate) (3/5 vote to close the debate)

to stop a vote on a billto stop a vote on a bill Senator continues to talk until bill is withdrawn or other Senator continues to talk until bill is withdrawn or other

senators convince colleagues to vote “no”senators convince colleagues to vote “no”

The VoteThe Vote If majority of one house votes in favor of If majority of one house votes in favor of

the bill… goes to the other housethe bill… goes to the other house If the other house votes “yes”…the bill If the other house votes “yes”…the bill

has “passed” both houses of Congresshas “passed” both houses of Congress Many bills pass only after having a Many bills pass only after having a riders riders

attachedattached Riders-additional provision not likely to pass Riders-additional provision not likely to pass

as its own billas its own bill If either house votes “no”…then the bill If either house votes “no”…then the bill

must be reintroduced or “dies”must be reintroduced or “dies”

After passing through the After passing through the Houses of Congress…Houses of Congress… Bill is sent to the presidentBill is sent to the president 10 days to sign or veto: 10 days to sign or veto:

If nothing happensIf nothing happens bill becomes a law bill becomes a law If Congress adjournsIf Congress adjourns bill dies bill dies

SignSign the bill the bill lawlaw VetoVeto the bill the bill

VetoVeto- - president refuses to sign a billpresident refuses to sign a bill Pocket vetoPocket veto- president intentionally takes no action on a bill - president intentionally takes no action on a bill

because Congress is not in session and cannot override because Congress is not in session and cannot override actionsactions

Line item veto-Line item veto- reject part of a bill while accepting other reject part of a bill while accepting other parts (power given to NC governor)parts (power given to NC governor)

After a veto…After a veto…

Congress can override a president’s veto with Congress can override a president’s veto with 2/3rds vote 2/3rds vote

Usually doesn’t happenUsually doesn’t happen

Act of Congress:Act of Congress:-bill signed by the president-bill signed by the president-left alone after the 10 days while Congress is in -left alone after the 10 days while Congress is in

sessionsession-still being considered -still being considered

Introduced in House Introduced in Senate

Introduced

Committee

Read and Debated on Senate Floor

Committee

Introduced

Read and Debated on House Floor

Conference Committee

Final Approval by vote in both houses

President

How a Bill Becomes a Law

LAWVETO

Filibuster andCloture

Local Governments and ConflictsLocal Governments and Conflicts

Level of government closest to the people= Level of government closest to the people= resolve conflictsresolve conflicts

Budget issuesBudget issues How to spend $How to spend $ taxestaxes

Zoning issuesZoning issues How to develop land and businessesHow to develop land and businesses Zoning laws= tell what type of structures can be builtZoning laws= tell what type of structures can be built Annexation= growing towns/cities incorporate Annexation= growing towns/cities incorporate

surrounding areassurrounding areas Infrastructure= utilities, sewage, water Infrastructure= utilities, sewage, water

Local GovernmentsLocal Governments

Town meetings- allow whole town to Town meetings- allow whole town to gather and participate in discussions about gather and participate in discussions about important decisionsimportant decisionsPublic hearings- private citizens attend Public hearings- private citizens attend government meetings and may request to government meetings and may request to speak about issuesspeak about issuesForums- special meetings held for citizens Forums- special meetings held for citizens to voice their opinions on topics of concern to voice their opinions on topics of concern within the communitywithin the community

Role of Citizens, Politics, and the Role of Citizens, Politics, and the MediaMedia

CitizensCitizens VotingVoting- select candidates who support their - select candidates who support their

positionspositions RecallRecall- vote to take elected officials out of - vote to take elected officials out of

office due to failure to perform appropriate office due to failure to perform appropriate dutiesduties

Local initiative-Local initiative- group of citizens sign group of citizens sign petitionspetitions to force a vote on an issue of local to force a vote on an issue of local importanceimportance

Referendum- Referendum- entire community is asked to entire community is asked to vote on a proposal (i.e., a new law or a vote on a proposal (i.e., a new law or a change to an existing law)change to an existing law)

Role of CitizensRole of Citizens

Citizens may join Citizens may join special interest groupsspecial interest groups Advocacy groups for one side of a Advocacy groups for one side of a

particular issueparticular issue work to influence public work to influence public policypolicy

MADD (Mothers Against Destructive MADD (Mothers Against Destructive Decisions)Decisions)

The Sierra ClubThe Sierra Club NRA (National Rifle Association)NRA (National Rifle Association)

Role of PoliticsRole of Politics

Politicians and politics use controversial topics to Politicians and politics use controversial topics to make political gainsmake political gains AbortionAbortion EducationEducation

Public schools-Public schools- whether or not to increase funding? whether or not to increase funding?

Private schools-Private schools- funded by private individuals and funded by private individuals and organizationsorganizations

Tuition vouchers-Tuition vouchers- allow students to attend private schools allow students to attend private schools by using public fundingby using public funding

Charter schools-Charter schools- form of public school with less restrictions form of public school with less restrictions from the state; funded by public moneyfrom the state; funded by public money

Role of the MediaRole of the Media

Electronic mediaElectronic media TelevisionTelevision RadioRadio InternetInternet

Focuses the public’s attention on Focuses the public’s attention on controversies and potential resolutions by controversies and potential resolutions by educating the publiceducating the public