1. Part I: Addressing & Resolving Conflicts (5.01) J. Worley Civics

2. What steps can be taken to resolve a conflict? Conflict resolution is not always pretty Conflict resolution is not always pretty The main purpose of it is to make sure both sides are happy at the end of the day The main purpose of it is to make sure both sides are happy at the end of the day Debate Debate Opposing sides present their position on an issue Opposing sides present their position on an issue They both use facts to try to persuade the other side or a neutral 3 rd party They both use facts to try to persuade the other side or a neutral 3 rd party Used by presidents, governors, and others to show their platform during elections Used by presidents, governors, and others to show their platform during elections Used on floors of legislatures to support a position Used on floors of legislatures to support a position

3. What steps can be taken to resolve a conflict? (cont.) Negotiation Negotiation Opponents come together to discuss how they might come to a conclusion acceptable for both parties involved Opponents come together to discuss how they might come to a conclusion acceptable for both parties involved For this to be successful, both sides will have to compromise For this to be successful, both sides will have to compromise Give up a little of their original plan in order to reach an agreement that both sides can live with Give up a little of their original plan in order to reach an agreement that both sides can live with Very few bills in Congress become a law without some compromise from both houses and the writer Very few bills in Congress become a law without some compromise from both houses and the writer

4. What steps can be taken to resolve a conflict? (cont.) Consensus Consensus When all parties involved are in general agreement When all parties involved are in general agreement Leaders hope that debate and negotiation will get them to this point Leaders hope that debate and negotiation will get them to this point Political leader, jurors, and others use this to reach important decisions with their respective areas Political leader, jurors, and others use this to reach important decisions with their respective areas

5. Part II: Jurisdiction of State and Federal Courts (5.02)

6. Types of Jurisdiction Original Jurisdiction Original Jurisdiction Authority of a court to hear a case first Authority of a court to hear a case first Given to State Courts Given to State Courts Appellate Jurisdiction Appellate Jurisdiction Authority to review decisions of a court having original jurisdiction Authority to review decisions of a court having original jurisdiction Given to Federal Courts Given to Federal Courts Concurrent Jurisdiction Concurrent Jurisdiction Both sides have authority to hear a case Both sides have authority to hear a case Given to both State & Federal Courts Given to both State & Federal Courts

7. Types of Jurisdiction (cont.) Exclusive Jurisdiction Exclusive Jurisdiction Only the Federal Courts can hear this case Only the Federal Courts can hear this case Cases such as bankruptcy and suits against the US government fall under this category Cases such as bankruptcy and suits against the US government fall under this category

8. Federal Courts

9. Federal Courts System US Supreme Court US Supreme Court Highest court in all the land Highest court in all the land Jurisdictions Jurisdictions Appellate over all lower courts (Federal or State) Appellate over all lower courts (Federal or State) Original over cases involving ambassadors, public ministers and consuls, and those in which a state shall be a party Original over cases involving ambassadors, public ministers and consuls, and those in which a state shall be a party Consists of 9 justices Consists of 9 justices A Chief Justice and 8 Associate Justices A Chief Justice and 8 Associate Justices

10. Federal Courts System (cont.) US Court of Appeals (AKA- Circuit Courts) US Court of Appeals (AKA- Circuit Courts) Serve as the federal judicial systems mid-level appellate court Serve as the federal judicial systems mid-level appellate court Jurisdiction Jurisdiction Appellate over cases heard by lower US District and Special Courts Appellate over cases heard by lower US District and Special Courts 13 US appellate courts in the nation 13 US appellate courts in the nation 12 serve a specific geographical area and the 13 th has nationwide jurisdiction and hears appeals cases from Special Courts 12 serve a specific geographical area and the 13 th has nationwide jurisdiction and hears appeals cases from Special Courts

11. Federal Courts System (cont.) US District Courts US District Courts Acts as the federal court system’s trail court for both criminal and civil cases Acts as the federal court system’s trail court for both criminal and civil cases Jurisdiction Jurisdiction Original including Original including Crimes that violate federal laws Crimes that violate federal laws Civil cases in which the US is either the plaintiff or defendant Civil cases in which the US is either the plaintiff or defendant Cases that arise out of disputes occurring at sea or in other “navigable waters” within the US Cases that arise out of disputes occurring at sea or in other “navigable waters” within the US Cases involving disputes between parties located in different states Cases involving disputes between parties located in different states Disputes between a US Citizen and a foreign national who does not reside in any state Disputes between a US Citizen and a foreign national who does not reside in any state Any case in which the complaint is based on federal rather than state law Any case in which the complaint is based on federal rather than state law

12. Federal Courts System (cont.) Special Courts Special Courts Federal Courts that serve a specific purpose Federal Courts that serve a specific purpose Jurisdiction Jurisdiction Original only over certain cases Original only over certain cases Court of International Trade hears cases involving international trade and customs Court of International Trade hears cases involving international trade and customs US Court of Federal Claims hears cases involving monetary damages filed against the US US Court of Federal Claims hears cases involving monetary damages filed against the US US Tax Court hears cases involving contested tax assessments US Tax Court hears cases involving contested tax assessments

13. State Courts NC Supreme Court (highest state court) NC Court of Appeals (intermediate appellate court) Superior Courts (general trial courts) District Courts (lower courts)

14. What the NC State Courts hear NC courts consist of both criminal and civil courts NC courts consist of both criminal and civil courts Criminal courts hear cases involving alleged violations of the state’s penal code Criminal courts hear cases involving alleged violations of the state’s penal code Civil courts hear disputes between private citizens, businesses, organizations, etc. Civil courts hear disputes between private citizens, businesses, organizations, etc.

15. State Courts System NC Supreme Court NC Supreme Court Highest court in the state Highest court in the state Jurisdiction Jurisdiction Appellate over all lower courts Appellate over all lower courts Has the power to strike down laws it views as violating the NC Constitution Has the power to strike down laws it views as violating the NC Constitution

16. State Courts System (cont.) NC Court of Appeals NC Court of Appeals Intermediate appellate court Intermediate appellate court Jurisdiction Jurisdiction Appellate over decisions made by district and superior courts Appellate over decisions made by district and superior courts Superior Courts Superior Courts General trial courts General trial courts Jurisdiction Jurisdiction General over the most serious criminal and civil cases General over the most serious criminal and civil cases Appellate over decision made by district courts Appellate over decision made by district courts

17. State Courts System (cont.) District Courts District Courts Lower courts Lower courts Jurisdiction over misdemeanor criminal and civil cases involving smaller claims Jurisdiction over misdemeanor criminal and civil cases involving smaller claims Go to http://www.sog.unc.edu/library/judicial/ http://www.sog.unc.edu/library/judicial/ to see the map of district and superior courts in North Carolina.