Unit 4.1
The role of debate, consensus, compromise,
and negotiation in resolving conflicts.
How should we handle conflict?
Conflict Resolution
• Americans resolve conflicts many ways:
• Consensus Building – working towards an agreement
• Debate – logical argument designed to persuade
opinions
• Compromise – a give and take process in reaching an
agreement
• Negotiation – 2 sides trying to reach an agreement
• Collective Bargaining talks between union and
management negotiate benefits/hours/pay
• Arbitration – 3rd party makes a decision for you
• Mediation – 3rd party helps you make your own
decision
Unit 4 The Jurisdiction of Federal & State Courts.
The Jurisdiction of State and Federal
Courts.
• Jurisdiction – the court’s authority
to hear and decide cases.
• Types of Jurisdiction:
•Original
•Appellate
•Exclusive
•Concurrent
Original Jurisdiction
• A court of original
jurisdiction is the court
where a case begins!
• Local State Courts and
Federal District Courts have
original jurisdiction!
• ADD: CASE ORIGINATES!
Appellate Jurisdiction
• Case taken on appeal from a
lower court by a higher court
are cases of appellate
jurisdiction!
• The Federal and State Courts
of Appeals and the Supreme
Court all have appellate
jurisdiction.
• Add: Appeal to a Higher
Court!
Exclusive (Federal) Jurisdiction
• The Case can only be heard in Federal Courts.
Exclusively.
• What types of cases have federal jurisdiction?
– Cases involving the Constitution
– Federal laws (kidnapping, tax evasion, etc)
– Ambassadors and Diplomats
– Disputes between states (NC V SC)
– Disputes between citizens of separate states
– Maritime law (cases on the high seas)
Concurrent Jurisdiction
• A case that may be tried in
either the state or federal
court system.
• Disputes between parties of
different states involving
$50,000 or more are usually
tried in a Federal District
Court!
Federal Judges
• All Federal judges serve for
LIFE
• All federal judges are
appointed by the president
and confirmed by the Senate
(checks and balances)
Federal Courts
• District Courts
• U.S. Courts of Appeals
• U.S. Supreme Court
• Special Courts
United States Court System
(SAD)
U.S. Supreme Court
(Justices/No Jury)
Appellate Jurisdiction
S
U.S. Court of Appeals
(Judges/No Jury)
Appellate Jurisdiction
A
U.S. District Courts
(Judges and Juries)
Original Jurisdiction
D
U.S. District Courts
• Federal district courts have exclusive and original
jurisdiction.
• Most court cases involve state law and are tried in the
states.
• District courts are the federal courts where trials are
held and lawsuits are begun.
• All states have at least 1. NC has 2. There are 91 in all.
• District courts hear both civil and criminal cases.
• They are the only federal courts that involve witnesses
and juries.
• ADD Closest to the people: trials
District Courts are the only federal
courts to use Juries!!
• Grand Juries are used in
the indictment of
defendants before trial:
5th Amendment!
• Petit Juries (12 people)
are used to try
defendants!
• Most federal cases end
here! 80-90%
12 + 1 U.S. Courts of Appeals
• Judiciary Act: created in 1891
to relieve the burden on the
Supreme Court
• 12 Appeals courts has jurisdiction
over a circuit (area): 12 circuits
• 13th Appeals court handles
international trade, treaties, and
patent law
12 + 1 US Court of Appeals Circuits
U.S. Courts of Appeals
Panel of 3 judges review cases
from district courts
–Appellate Jurisdiction only
with cases heard from:
– District court
– Federal regulatory agencies
like: FTC
U.S. Supreme Court
• The Highest law of the land!!!
• 9 Justices serve for life
US Supreme Court Building
in Washington, D.C.
Chief Justice
John Roberts
One year’s work on the Supreme Court!
• 6000 Appeals from lower
courts considered
• 400 Cases reviewed
• 100 Cases accepted by the
“rule of 4”
• 100 Precedent Setting
Rulings
Refusal to Accept a Case!
• Most cases are rejected!
• Most lower court rulings
or appellate court rulings
are allowed to stand!
• Rarely does a case go to
the Supreme Court!
Special Courts
• Hear Cases in Specific Areas:
– Court of Claims – Sue the US government “claim
against the government” good luck!
– Territorial Courts – Courts for US Territories:
Samoa, Guam, Puerto Rico
– Courts for the District of Columbia
– Court for Veterans Appeal
– Court of Appeals for the Armed Forces
– Tax Court – You vs. the IRS “good luck”
Military Armed Forces Court: Handle Court- Martial's
“You can’t handle the truth!”
• Military people commit crimes
too and if they break a military
law in the uniform code of
military justice, they will be tried
in a military court on base.
• Judge is a general
• Jury members are military
members
• Military prison for felons stokade
• Appeal to the Court of Appeals
for Military Affairs
North Carolina Court System
• NC Supreme Court
• Appellate Courts
• General Trial Courts: Superior
Courts
• District Courts
• All state judges serve 8 year terms
and are elected by the people of the
state
North Carolina Courts
NC Supreme Court
Panel of 7 elected judges
Hears appeals from lower courts
Appellate Courts
Panel of judges
Hears appeals from lower courts
General Trial Courts
Judge and jury
Hears criminal and civil cases
Lower Courts
Justice Courts – rural and small towns
Magistrate Courts – larger towns, small cities
Municipal Courts – traffic, juvenile, misdemeanors (larger cities)
District Courts (TRIALS)
• The state DISTRICT court system handles most of the state’s
legal matters.
• State courts interpret and apply state statutes that are
considered misdemeanors and local law ordinances
• Handle all juvenile court proceedings
• ADD: Handle all civil cases involving less than $ 10,000
• Penal Code : State list of crimes and punishments.
• Justice Courts have a Justice of the Peace who is an
elected person to hear and decide cases and marriages.
• Larger towns have magistrate courts. These courts hear
minor offenses and civil cases involving less than $1,000.
Hand out search and arrest warrants (4th Amendment)
General Trial Courts:
Superior Courts
(TRIALS)
• General Trial Courts deal with felonies, or serious crimes,
and civil cases involving a large amount of money $ 10,000
or LARGER.
• They can also be called Superior Courts or county courts (NC)
• Juries hear felony cases. A judge makes sure the trial is conducted
fairly. The judge also decides the penalty if the defendant is found
guilty.
• Use a Petit jury (trial jury of 12 jury members) who hear
evidence and determine the facts of a case (criminal and civil
cases)
• Trial jury must be UNANAMOUS in their decision to
convict a defendant.
• If found guilty in district court with judge (no jury) then you
may request a JURY TRIAL at the General Trial Courts level
(remember Goal 3?)
State Appellate Courts
• A panel of 3 judges decide the cases.
• If the judge feels the defendant did not get a
fair trial, they can overturn the lower court’s
decision.
• They can REMAND the case which means
send back down to the trial courts for retrial
• They can also let the decision STAND
• Cannot hear death sentence appeals; only the
State Supreme Court can
NC Supreme Court
• State Supreme Courts review the decisions of appeals
courts.
• It also interprets the state’s constitution and laws
(sounds like the US Supreme Court!).
• All death penalty and capital offense convictions are
reviewed here only; not appellate courts
• Except for cases involving federal law or the US
Constitution, the decision of the state supreme court
is final. Gideon challenged the state of Florida to the
US Supreme Court and won.
• NC has 7 elected justices (8 year terms).
All state judges serve 8 year terms and are elected
by the people