Conflicts

1. Conflicts The United States’ Political and Judicial System

2. Conflict… • A battle; a disagreement of ideas, or interests. (Webster) • Are there any benefits of conflict? • Conflict resolution- ending conflict in a manner acceptable to both sides

3. What is your conflict resolution style? • Take a few minutes and complete the handout

4. Methods of Resolution • Debate- opposing sides present their position on an issue using facts to persuade the opposing side to agree with them • Politics • Congress, General Assembly, local councils • Negotiation- opponents meet to discuss how to reach a conclusion acceptable to both sides • Requires compromise

5. Resolution • Compromise- give up something desired to reach a solution that makes both parties happy • A must for law making (Congress and General Assembly)

6. Consensus building- how a general agreement is reached -accomplished through debate and negotiation -jurors -political leaders

7. Types of Jurisdictions For state and federal courts: • Original-authority to hear case first • Violations of state law

8. Jurisdiction • Appellate-authority to review decision from court with original jurisdiction

9. Jurisdiction • Concurrent-both having authority to hear a case

10. Jurisdiction • Exclusive-only federal courts may hear the case • Bankruptcy cases and cases involving the US government

11. State Courts • NC Supreme Court • Highest state court • Appellate jurisdiction over decisions made in district and superior courts • Power to strike down laws that violate the NC Constitution

12. State Courts • NC Court of Appeals • Intermediate appellate court • Appellate jurisdiction over decisions made in district and superior courts

13. State Courts • Superior Courts • General trial courts • jurisdiction over felonies and more serious civil cases • District Courts • Lower courts • Jurisdiction over misdemeanor criminal cases and small claim civil cases

14. Civil vs. Criminal • State courts consist of both • Civil courts- hear disputes between private citizens, businesses, organizations, etc • Criminal courts- hear cases involving alleged violations of the state’s laws

15. Federal Courts US is divided into geographic judicial districts • US District Courts • Trial courts for civil and criminal cases • ORIGINAL jurisdiction over cases: • Crimes violate federal laws • where US is either plaintiff or defendant • arising from disputes occurring at sea or in “navigable waters” in US • Disputes between parties from different states • Disputes between US citizen and foreign national • complaint is based on federal law rather than state law • District Court judges appointed by president; serve for life

16. Federal Courts • Special Courts • Original jurisdiction over certain cases: • Court of International Trade-cases involving international trade and customs • US Court of Federal Claims- claims for monetary damages filed agains the US • US Tax Court- cases dealing with contested tax assessments

17. Federal Courts • US Court of Appeals • “Circuit Courts” • Mid-level appellate courts • Hear cases appealed from: • District and Special courts • State Supreme Courts • 13 US Appellate Courts • 12 serve specific geographic regions • 1 has nationwide jurisdiction and hears appeals from Special Courts

18. Federal Courts • US Supreme Court • Highest court in the US • Appellate jurisdiction over all lower courts • Original jurisdiction over: • Cases involving ambassadors, public ministers, and consuls • Cases where a state shall be a party • 9 justices (appointed by president, approved by Congress)– 1 Chief Justice and 8 associate justices • Power to declare laws unconstitutional

19. Essential Questions • What types of cases are handled in the various state and federal courts? • What circumstances determine if a case may be appealed? • What is the purpose of a tiered court system? *Complete for homework- 12/1/08

20. Output-L44 • Create a diagram to help organize the information we have covered. • Use the TRIANGLE. • We’ve done this before…it should be easy. • Include: jurisdictions, # of judges, type of jurisdiction…anything else to help you excel.

21. Civil Cases • “Torts” – involve alleged injuries to one’s body, reputation, property or business • Plaintiff- person who complains; feel they have been wronged • Summons- inform the defendant of the charges against them • Settlements reach a resolution without going to court

22. Appellate Courts • Courts hearing appeals (US Court of Appeals, Supreme Court, NC Court of Appeals, NC Supreme Court) • Appeals- review a previous court decision • Issue of fact (says certain facts in a case were not given proper consideration) • Issue of law (says the law was not followed- trial procedures were not properly followed or defendant’s rights were violated)

23. Appellate Courts • No juries • Appellate courts have panels of judges • Oral arguments are presented by lawyers • Judges issue a decision about the case: • Majority opinion (court’s decision because majority of judges agree) • Dissenting opinion (different conclusion reached) • Concurring opinion (opinion agreeing with the majority opinion, but reached based on different reasons)

24. 5.4 Legislative Process Creating laws: • Idea is written as a proposal • president • interest groups • members of Congress • Members of Congress introduce bills • House of Representatives • Senate

25. How a Bill Becomes a Law Introduced in House Introduced in Senate Introduced Introduced Committee Committee Read and Debated on House Floor Read and Debated on Senate Floor Filibuster and Cloture Conference Committee Final Approval by vote in both houses LAW VETO President

26. Next steps… • Bill introduced • Bill sent to a standing committee in one house of Congress • Permanent committees with members of both parties • Led by committee chairmen • Job to study and debate bill • Conduct public hearings (the public can express their opinions about the bill)

27. Subcommittees • Subcommittees-smaller committees made up of members of Congress • Study the bill • Report findings or suggestions to entire committee Seniority System- member of majority party who had most experience would be chosen for leadership positions

28. Committees • Joint Committees- members of both the House and Senate; permanent • Conference Committees • temporary committees • Members of Senate and House • Created when both houses pass different versions of the same bill • Job to create a version acceptable to both houses

29. Committee Action • Recommend bill to entire house in its original form • Recommend the bill with changes • Send the bill for a vote without the committee’s recommendation • Ignore the bill and let it “die in committee”

30. After a visit to committee… • Goes before entire house for debate • Entire house votes

31. House of Representatives • House Rules Committee • Decide how bills will move through the House • Most powerful committee in Congress • Limits how much time can be spent debating a bill

32. Senate • No Rules Committee • Allows more time for debate • Enables Senate to use filibuster • Ended by a cloture (3/5 vote to close the debate) • to stop a vote on a bill • Senator continues to talk until bill is withdrawn or other senators convince colleagues to vote “no”

33. The Vote • If majority of one house votes in favor of the bill… goes to the other house • If the other house votes “yes”…the bill has “passed” both houses of Congress • Many bills pass only after having a riders attached • Riders-additional provision not likely to pass as its own bill • If either house votes “no”…then the bill must be reintroduced or “dies”

34. After passing through the Houses of Congress… • Bill is sent to the president • 10 days to sign or veto: • If nothing happens bill becomes a law • If Congress adjourns bill dies • Sign the bill law • Veto the bill • Veto- president refuses to sign a bill • Pocket veto- president intentionally takes no action on a bill because Congress is not in session and cannot override actions • Line item veto- reject part of a bill while accepting other parts (power given to NC governor)

35. After a veto… • Congress can override a president’s veto with 2/3rds vote • Usually doesn’t happen Act of Congress: -bill signed by the president -left alone after the 10 days while Congress is in session -still being considered

36. How a Bill Becomes a Law Introduced in House Introduced in Senate Introduced Introduced Committee Committee Read and Debated on House Floor Read and Debated on Senate Floor Filibuster and Cloture Conference Committee Final Approval by vote in both houses LAW VETO President

37. Local Governments and Conflicts • Level of government closest to the people= resolve conflicts • Budget issues • How to spend $ • taxes • Zoning issues • How to develop land and businesses • Zoning laws= tell what type of structures can be built • Annexation= growing towns/cities incorporate surrounding areas • Infrastructure= utilities, sewage, water

38. Local Governments • Town meetings- allow whole town to gather and participate in discussions about important decisions • Public hearings- private citizens attend government meetings and may request to speak about issues • Forums- special meetings held for citizens to voice their opinions on topics of concern within the community

39. Role of Citizens, Politics, and the Media • Citizens • Voting- select candidates who support their positions • Recall- vote to take elected officials out of office due to failure to perform appropriate duties • Local initiative- group of citizens sign petitions to force a vote on an issue of local importance • Referendum- entire community is asked to vote on a proposal (i.e., a new law or a change to an existing law)

40. Role of Citizens • Citizens may join special interest groups • Advocacy groups for one side of a particular issue work to influence public policy • MADD (Mothers Against Destructive Decisions) • The Sierra Club • NRA (National Rifle Association)

41. Role of Politics • Politicians and politics use controversial topics to make political gains • Abortion • Education • Public schools- whether or not to increase funding? • Private schools- funded by private individuals and organizations • Tuition vouchers- allow students to attend private schools by using public funding • Charter schools- form of public school with less restrictions from the state; funded by public money

42. Role of the Media • Electronic media • Television • Radio • Internet • Focuses the public’s attention on controversies and potential resolutions by educating the public