Goal 5

1. Goal 5 Notes

2. 5.01 • What are various methods of resolving conflicts?

3. 5.01 • Debate – a process in which opposing sides present their position on an issue • Use facts to support their position in hope of persuading the opposing side. • Political Candidates use debates often during campaigns, to persuade voters to vote for them. • Once in Congress, legislators engage in debate on the floors of Congress, State Legislators, and City Council floors

4. 5.01 • Negotiation and Compromise are also very important when it comes to resolving conflict • Negotiation: is the process by which opponents come together to discuss how they might come to a conclusion acceptable to both sides, successful negotiations require compromise. • Compromise: when each side gives something up in order to reach an agreement. Very few bills in Congress becomes laws without some sort of compromise.

5. 5.01 • Leaders hope that debate and negotiation will lead to a consensus. Which is when all parties involved are in general agreement, while not all parties may feel exactly the same way, they agree enough to take action and move forward. • Jurors must reach a consensus before a verdict can be reached

6. 5.02 • Jurisdiction is a court’s authority to review a case. There are four types of jurisdiction under which court systems operate • Original • Appellate • Exclusive • Concurrent

7. 5.02 • Federal Court System • The United States Constitution outlines the Judicial Branch in Article III • Federal Courts have exclusive jurisdiction in Federal Criminal cases. In some civil cases, federal courts have concurrent jurisdiction with state courts.

8. 5.02 • Three primary courts make up the Federal court system: • The Supreme Court of the US • US Court of Appeals • US District Courts

9. 5.02 • United States Court of Appeals • 13 Courts • 11 Appeals Courts • 1 District of Columbia Court • 1 Federal Court of Appeals • All 13 Courts reside within a Circuit – geographic region consisting of groups of states. North Carolina is in the 4th circuit

10. 5.02 • 4th circuit consists of Maryland, North Carolina, South Carolina, Virginia, and West Virginia. • These Courts of Appeals have appellate jurisdiction • They hear civil and criminal appeals from the US District Courts within their circuit

11. 5.02 • District Courts • Are the trial courts of the Federal Court System. The district courts have original jurisdiction in nearly all categories of federal cases, including civil and criminal matters within limits set by Congress and the Constitution. There are 94 federal districts with at least 1 in every state. • North Carolina has 3 districts: Western, Middle, Eastern

12. 5.02 • Special Trial Courts • Court of International Trade • Hears cases involving trade and customs issues • United States Court Federal Claims • Hears claims for money damages against the United States, disputes over federal courts, unlawful takings of private property by the federal government, and a variety of other claims against the United States

13. Supreme Court of the United States (appellate, exclusive, and original) Court of Appeals for the 11 circuits (appellate) Federal Court of Appeals US District Courts (Original) Bankruptcy Courts (Exclusive)

14. 5.03 • Who are the major players in the courtroom? • Plaintiff: In civil cases, the injured party who brings an action against an alleged offender. • Defendant: The individual against whom a claim is made in the court room. In civil cases, the defendant is the person being sued. In criminal cases, the defendant is the person charged with committing a crime. • Prosecutor: In criminal cases, the prosecutor is the legal representative of the government. The prosecutor is the US Attorney in federal courts and the district attorney in state courts. • Public defender: The court-appointed representative for indigent (impoverished) defendants who cannot afford their own attorney. • Bailiff: An officer in state and federal courts whose duties include keeping order in the courtroom and guarding prisoners or jurors in deliberation.

15. 5.03 • Depending on the issue involved (federal or state, felony or misdemeanor), a case will be heard in one of three types of trial courts: • US District Courts hear misdemeanor and felony cases arising under federal law as well as civil cases arising under federal law or cases between citizens of different states that involve more than $75,000 in damages. • NC District Courts hear infraction and misdemeanor cases arising under North Carolina law, as well as civil cases involving less than $10,000. • NC Superior Courts hear felony cases arising under North Carolina law as well as civil cases involving more than $10,000.

16. 5.03 • Judicial Process for Criminal Cases, Civil Cases, and all Trials. • See handout • There are two types of juries—petit juries and grand juries. • Grand juries: An impartial group of 12-23 people who examine accusations against a person accused of committing a crime and decide whether to indict the person. An indictment is a formal charge of a crime. Grand juries do not take part in trials, they only take part in the indictment process. • Petit juries: An impartial group of citizens who serve as fact finders during trials. Generally speaking, juries are employed in federal and state civil and criminal felony cases. • A civil petit jury consists of not less than 6 nor more than 12 jurors. • A criminal petit jury consists of 12 jurors plus alternate jurors.

17. 5.04 • Roles of Legislative Committees • Relied upon to sort through public policy • And Write Legislation • Hierarchy of the committees depends on the seniority system • There are Three types of Committees: • Standing Committees • Joint Committees • Conference Committees

18. 5.04 • Standing Committees • Are responsible for a certain issue area, such as agriculture, or veterans affairs. Standing Committees receive proposals for legislation and create bills for them. • Joint Committees • Have members from both the House and the Senate, but do not have the power to report legislation. There are four: economic, taxation, library, and printing

19. 5.04 • Conference Committee: • Temporary committees that are responsible for reaching a compromise on legislation once it has been passed by the House and the Senate. Its members are appointed by the Speaker of the House and presiding officer of the Senate • Veto Process • The President has constitutional power to veto a bill, which is it reject an act of Congress

20. 5.04 • A bill that has been vetoed cannot become law without 2/3’s vote in the House and the Senate • Pocket Veto – The President chooses not to sign a bill that he is presented during the last ten days of a legislation session • Line-item Veto – The President removes a specific spending item from appropriations bills passed by Congress.

21. 5.05 • City and County Government interaction • More often than not, there are informal relationships between cities and counties. • While money is not transferred between the two, county and city governments meet to solve problems and collaborate during large – scale events to provide service. • Cities also solicit citizens input • Cities and counties hold forums or public meetings to get this citizen input

22. 5.05 • There are two types of forums used by governments: • Town Meetings : a gathering in which town’s eligible votes meet to discuss issues ranging from taxes, election of officials, and schools • Public hearings: hearings in which citizens have a formal opportunity to be heard by the government prior to its making a decision

23. 5.05 • Ways in which the government can control the development of its land • Three ways: • Zoning: a system for land regulation, it includes regulations for the kind of activities that are acceptable in a certain area, the densities of the population that can live on the land, the height of buildings, the location of the buildings on the lot of land, and how much parking has to be provided.

24. 5.05 • Annexation • The legal incorporation of one territory into another political entity • Extraterritorial Jurisdiction • The legal ability of governments to use authority beyond its normal boundaries, in North Carolina, cities are allowed to claim ETJ over zoning laws

25. 5.06/5.07 • In addition to voting, citizens have to power of: • Initiative • Referendum • Recall • Citizens can also join special interest groups, such as, MADD, The Sierra Club, NRA, they join these organizations hoping to influence public policy

26. 5.06/5.07 • Politicians and political parties often use conflict and controversial issues to try to make political gains, as a result these issues tend to remain hot topics. • Tuition Vouchers: • Students could attend private schools with the help of public funding . Controversy is that it is public funding and most private schools are religious based. • Charter Schools • controversy is that people don’t think that public funding should go towards a school geared towards a limited population

27. 5.06/5.07 • The Role of The Media

28. About 7,600 people were sterilized under the eugenics program, which ran from 1929 until 1977. Advocates of the program wanted a way to cleanse society of the mentally handicapped and mentally ill. Thus, they used sterilization to cure social ills by preventing those considered "unfit" from having children. What type of program is this statement referring to? What do you think eugenics is? What is sterilization? Why was the eugenics program started and sterilization used, according to this passage? Why do you think they chose to sterilize the “mentally handicapped and mentally ill” in particular? Where do you think this program was implemented? What questions do you have?