Civics and Economics: Goal 5 at a Glance
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Competency Goal Five Objective 5.01
Evaluate the role of debate, consensus, compromise, and negotiation in resolving conflicts
1. What are various methods of resolving conflicts?
• Consensus building: A process by which parties in a dispute, with the help of an impartial facilitator,
objectively identify the facts of the situation and consider different options to reach an agreement.
Consensus building allows parties to build trust with each other through open communication, agreed
understanding of the issues, and improved relationships.
• Debate: A method of interactive dialogue, where the pros and cons of a certain issue are discussed.
• Negotiation: A process of resolving disputes and conflicts through discussions that try to reach a solution
acceptable to everyone involved.
• Compromise: A concept of finding agreement through discussion and a mutual acceptance of terms.
Compromise usually occurs when parties consider an outcome of agreement to be more important than the
potential gain of their personal interests.
Competency Goal Five Objective 5.02
Identify the jurisdiction of state and federal courts
1. Under what types of jurisdiction do court systems operate?
Jurisdiction is a court’s authority to review a case. There are four types of jurisdiction under which court
systems operate: original, appellate, exclusive, and concurrent.
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•
•
•
Original jurisdiction: A court’s authority to hear and decide a matter before any other court can review
the matter.
o The Supreme Court of the United States is a court of original jurisdiction only in cases
between two or more states, as well as cases involving diplomats.
o In North Carolina, district and superior courts have original jurisdiction.
Appellate jurisdiction: A court’s authority to review and revise a lower court’s decision.
o US Courts of Appeals and the Supreme Court of the United States have appellate jurisdiction.
o In North Carolina, the North Carolina Court of Appeals and the North Carolina Supreme Court
have appellate jurisdiction. Cases decided by a superior court judge can be appealed before
the North Carolina Court of Appeals or North Carolina Supreme Court (if it is a first-degree
murder case that imposes the death penalty). Cases decided by the North Carolina Court of
Appeals can be appealed to the North Carolina Supreme Court. District and superior courts
can “re-hear” a matter that was tried in a lower court, but this is not appellate jurisdiction.
Exclusive jurisdiction: A court’s authority to judge on a matter that no other court can judge on.
o The Supreme Court of the United States has exclusive jurisdiction over cases between two or
more states. Federal courts, i.e. US district courts, have exclusive jurisdiction in bankruptcy
cases.
o In North Carolina, district courts have exclusive jurisdiction in misdemeanors cases, juvenile
cases, and involuntary commitment cases. Superior courts have exclusive jurisdiction over
felony cases.
Concurrent jurisdiction: Power exercised simultaneously by more than one court over the same subject
matter and within the same territory. In civil cases, the person bringing suit has the right to choose the
court in which to file the action.
o Cases involving parties from different states have concurrent jurisdiction with the two state
courts and the US court system.
o In North Carolina, civil cases have concurrent jurisdiction in district and superior courts.
However, general practice is that cases involving more than $10,000 go to superior court and
cases involving less than that amount go to district court.
2. How does the Federal court system operate?
• The US 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.
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Three primary courts make up the Federal court system: the Supreme Court of the United States, US Courts
of Appeals, and US District Courts. Additionally, there are two special trial courts in the federal court
system.
o
o
o
o
The Supreme Court of the United States has a Chief Justice and eight Associate Justices. More
than 7,000 civil and criminal cases are filed in the Supreme Court each year.
ƒ The Supreme Court has original and exclusive jurisdiction in cases between two or more
states.
ƒ The Supreme Court has original jurisdiction in cases involving diplomats, controversies
between the US government and a state, and proceedings between a state and citizens of
another state.
ƒ The Supreme Court has appellate jurisdiction in larger civil cases and cases in which state
courts ruled on federal statutes.
ƒ Cases heard by the US Courts of Appeals or the highest court of each state may be
reviewed by the Supreme Court by the following methods:
1. When a petitioner asks the Supreme Court of the United States to issue a writ of
certiorari, which is an order for the lower court to send the case to the US
Supreme Court so that it can review the case. The Supreme Court usually offers
writs on important issues of constitutional law that remain unresolved (i.e. death
penalty, school prayer, or search and seizure issues).
2. When a United States court of appeals or the highest court of a state asks for
certification, which means the Supreme Court will resolve a question of federal
law.
There are 13 United States Courts of Appeals – 11 numbered courts of appeals, 1 D.C. court of
appeals, and 1 federal court of appeals. Each of the 13 courts of appeals resides within a circuit.
With the exception of the federal court of appeals (which handles only special federal appeals, such
as patent appeals), the circuits are defined geographically in groups of states, and, in the case of
D.C., by region. The number of judges sitting on each court varies by size of the circuit.
th
ƒ North Carolina is part of the 4 circuit, which is comprised of Maryland, North Carolina,
South Carolina, Virginia, and West Virginia.
1. These Courts of Appeals have appellate jurisdiction.
2. The Courts of Appeals hear civil and criminal appeals from the US district courts
within their circuits.
United States 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 both civil and criminal
matters within limits set by Congress and the Constitution. There are 94 federal judicial districts,
including at least one district in each state, the District of Columbia, and Puerto Rico. North
Carolina has three districts – the Western, Middle, and Eastern districts.
ƒ Bankruptcy courts are separate units of the district courts. Federal courts have exclusive
jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a
state court.
Two special trial courts have nationwide jurisdiction over certain types of cases:
1. The Court of International Trade hears cases involving international trade and
customs issues.
2. The United States Court of Federal Claims hears claims for money damages against
the United States, disputes over federal contracts, unlawful “takings” of private
property by the federal government, and a variety of other claims against the
United States.
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Supreme Court of the United States
(Appellate, Exclusive, and Original Jurisdiction)
(original & exclusive in cases between 2 or more states)
(original in cases involving diplomats, controversies between the US government and a
state, and proceedings between a state and citizens of another state)
th
Courts of Appeals for the 1-11 and
D.C. Circuit
(Appellate Jurisdiction)
Federal Court
of Appeals
(Appellate
Jurisdiction)
US District Courts
(Original Jurisdiction)
Bankruptcy Courts
(Exclusive Jurisdiction)
3. How does the NC Judicial System operate?
• The NC Constitution outlines North Carolina’s Judicial Power in Article IV.
• North Carolina runs a statewide court system. While some employees of the court may be elected in their
local jurisdictions, they are all state employees.
• The court system is state funded, and the state incurs all expenses except for facilities and security.
• The General Court of Justice is composed of three divisions: an Appellate Division, a Superior Court
Division, and a District Court Division.
o The Appellate Division is made up of the Supreme Court and the Court of Appeals. Both the
Supreme Court and the Court of Appeals have appellate jurisdiction.
ƒ The Supreme Court has a Chief Justice and six associate justices.
1. The Court hears cases appealed from the Court of Appeals and some cases that
bypass the Court of Appeals, such as death penalty cases, which must be heard by
the Supreme Court.
2. Parties must petition the Supreme Court to hear their case, and in most cases, the
Supreme Court can decide whether or not it will hear the case. The exceptions to
this rule are death sentence cases, Utilities Commission cases, and Court of
Appeals decisions with one dissent, all of which are automatically heard by the
Supreme Court.
3. The role of the Supreme Court is to determine legal error or interpretation of the
law. The Court does not hear cases to determine fact and does not have a jury.
4. Supreme Court Judges are elected to eight-year terms.
ƒ The Court of Appeals is an intermediate appellate state court and has 15 judges who sit in
rotating panels of three.
1. This Court hears cases appealed from Superior and District Courts and decides
cases on questions of law ranging from parking tickets to murder cases.
2. The Court of Appeals mostly reviews matters decided by trial courts to determine if
there are legal errors in the trial; it does not have a jury.
3. Court of Appeals Judges are elected to eight-year terms.
o The Superior Court is a trial court. It is currently divided into eight divisions and 46 judicial
districts, and elections of one or more Superior Court Judges are held in each district.
ƒ North Carolina Superior Courts have original jurisdiction over felony criminal cases. The
Courts can re-hear misdemeanor and infraction cases already tried in district court, but
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these are not true appeals because the judge hears the case as if it were being heard for
the first time and the judge does not review the district court’s decision.
ƒ The Courts have exclusive jurisdiction over felony criminal cases and concurrent
jurisdiction with district courts over civil cases. However, the general rule is that civil
cases involving more than $10,000 are heard in superior court and those involving less
than $10,000 are heard in district court.
ƒ Superior Court employs a jury in criminal cases.
ƒ Superior Court Judges are elected to eight-year terms.
o The District Court is a trial court. It is currently divided into 41 districts, and elections of one or
more District Court Judges are held in each district.
ƒ North Carolina District Courts have original jurisdiction over misdemeanor criminal cases.
The Court can re-hear minor misdemeanor cases and cases already heard by a magistrate,
but these are not true appeals because the judge hears the case as if it were being heard
for the first time and the judge does not review the magistrate’s decision.
ƒ The Courts have exclusive jurisdiction over all juvenile and involuntary commitment cases.
ƒ The Courts have concurrent jurisdiction with superior courts over civil cases. However, the
general rule is that civil cases involving more than $10,000 are heard in superior court and
those involving less than $10,000 are heard in district court.
ƒ District judges are elected to four-year terms.
ƒ Family Court is a special kind of civil court.
1. The Courts have original and exclusive jurisdiction over all cases involving juvenile
delinquency, neglect and abuse, termination of parental rights, adoption, domestic
violence, custody, divorce, and child support, among other family-related matters.
2. In these courts, children sixteen years and younger who are considered
delinquents are designated as juveniles, and children who are eighteen years and
younger who are considered “undisciplined, neglected, or abused” are designated
as juveniles.
Magistrates are judicial officials who work at the District Court level to handle certain criminal and civil
cases. They do not usually conduct trials, but they do handle many preliminary matters in criminal cases.
They are not judges, even though they do possess the limited judicial powers listed below.
o In criminal cases, magistrates issue warrants and set bail.
o Magistrates also accept guilty pleas and payments of fines for traffic violations and minor
misdemeanors.
o Magistrates are the only judicial officials who can perform marriage ceremonies.
o Magistrates are appointed to four-year terms by the Senior Resident Superior Court Judge.
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The North Carolina General Court of Justice
Supreme Court of North Carolina
(Appellate Jurisdiction)
North Carolina Court of Appeals
(Appellate Jurisdiction)
Convictions
imposing
death
sentence in
first-degree
murder
cases
All civil,
juvenile, and
involuntary
commitment
cases on
record.
Superior Court
(Original Jurisdiction)
District Court
(Original Jurisdiction)
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Competency Goal Five, Objective 5.03
The Adversarial Nature of the Judicial Process
1. How are federal judges selected?
• With the exception of bankruptcy court judges, the President of the United States appoints federal judges. The
judges must be confirmed by the Senate, as outlined in Article III of the US Constitution. Once appointed, the
federal judges are appointed for life unless they are removed by impeachment.
• Bankruptcy court judges are appointed for a term of 14 years by the United States Court of Appeals for the
circuit in which the applicable district is located.
2. How are judges selected for North Carolina courts?
• All judges in North Carolina must be elected to their position on a respective court. Judicial elections are nonpartisan.
• If a judgeship becomes open outside of the election process, the Governor will appoint someone to fill the open
judicial seat. The newly-appointed judge must run in and win the next election for the judgeship in order to
retain his or her seat.
• Magistrates, who have some decision-making authority in state district courts, are not elected. They are
appointed by the Senior Resident Superior Court Judge. Their terms are initially two-years, followed by four-year
terms.
3. 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.
4. What is the judicial process for cases heard in trial courts (i.e. US District, NC District, and NC Superior)?
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.
Judicial Process for Criminal Cases
• Someone who is suspected of breaking a criminal law will be arrested, which occurs when the suspected
individual is taken into custody. If authorities think a person has committed a crime but they did not observe that
person committing that crime, they may request an arrest warrant from a judicial official (usually a magistrate)
to authorize the arrest.
• A preliminary hearing is a screening device to determine if there is enough evidence to bring the defendant to
trial. To get the individual to the court room, the judge may issue a summons, which is a legal notice informing
an individual of a lawsuit that explains when and where they should go to court.
• Once the state charges a person with a crime, a judge may set bail for that person, which allows the arrested
person to be released after putting up an amount of money. The amount of the bail is related to the severity of
the crime and the likelihood that the defendant will flee. If a defendant cannot make bail, he or she will remain in
prison.
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Someone who breaks a criminal law will be brought to trial by a prosecutor and charged with committing a
crime. The defendant can be charged with committing either a felony (more serious crimes like robbery or
murder) or misdemeanor (less serious crimes like minor theft).
o Felonies carry a punishment of more than one year in prison. Some felonies are considered to be a
capital offense, which is any offense that is punishable by death. Under federal law, treason is a capital
offense. Under North Carolina law, murder is a capital offense.
o Misdemeanors carry lesser punishments, such as fines, probation, or one year or less in prison.
The legal representative for the state is the US attorney (federal courts) and district attorney (state courts).
The legal representative for the defendant is the defense attorney. When defendants cannot afford to pay for
their own legal representation, a public defender is appointed to represent them.
Prior to the beginning of a trail, a defendant will issue his or her plea. If the defendant pleads guilty, then the
judge will sentence, or impose a punishment, on the defendant, without a trial. If the defendant pleads not guilty,
then the trial process proceeds.
In some cases, the prosecution and defense will enter into plea bargaining before the beginning of a trial. A plea
bargain is an agreement between the prosecutor and the defendant whereby the government will drop or reduce
charges in exchange for something from the defendant, often testimony against a co-defendant.
During the trial, both the prosecution and defense will provide an oral argument, which is an advocate’s spoken
presentation before a court supporting or opposing a legal action.
The jury will listen to the oral argument and make a decision as to the defendant’s guilt or innocence. This formal
decision is the jury’s verdict.
If a jury’s verdict states that a defendant is guilty, then the judge will impose a sentence on the defendant.
Depending on the crime, sentences may be death, prison terms, probation, or a fine.
Judicial Process for Civil Cases
• Someone who breaks a civil law will be brought to court by a plaintiff, an individual or group who feels they
have been wronged or injured. To initiate a civil action against someone, a plaintiff must file a complaint with
the court; the complaint alleges the claims that the plaintiff has against the defendant.
• A tort is a breach of obligation by an individual or group that causes harm or injury to someone, and tort action
is a civil lawsuit for damages.
• Prior to the trial, both parties may choose to resolve their conflict by reaching a settlement, which is a mutual
agreement between two parties in a lawsuit that settles or ends the dispute.
• Punishments for civil suits include money damages or injunctions. An injunction is a court order commanding or
preventing an action. Sometimes a person can violate both civil and criminal laws and will face two court cases.
Judicial Process in All Trials
• Hearings occur outside of trials when parties bring certain matters to a court’s attention. These matters need to
be considered before moving ahead with the trial.
• During a trial, attorneys can present evidence (including witness testimony) by issuing a subpoena, which is a
court order given to an individual to appear and give testimony or to provide documents or records.
• During trial, if a witness knowingly makes a false statement while under oath or, he or she may be guilty of
perjury, which is a state and federal crime.
• Court Docket: The list of cases on a court’s schedule.
• Issue of Fact: A point supported by one party’s evidence and contested by another’s.
• Issue of Law: A point on which the evidence is undisputed, the outcome depending on the court’s interpretation
of the law.
• Oral argument: An advocate’s spoken presentation before a court supporting or opposing a legal position.
• Brief: A written statement that is submitted to the court during a trial that explains their arguments.
5. What is the judicial process for appealing a case to an appellate court (i.e. US Courts of Appeals, Supreme
Court of the United States, North Carolina Court of Appeals, or North Carolina Supreme Court)?
If one party wants to ask the court to change the decision of a trial court, the party can present their request to the
appeals court. In this court, only lawyers will appeal before the judges to make legal arguments. However, not
everyone who loses a trial can appeal, and it is usually only possible when there is a claim that the trial courts
committed an error of law (if the judge makes a mistake that affects the outcome of the trial).
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If you lose your case in trial court, an appeal is made to an intermediate court of appeals, or, in some states, directly
to the state supreme court. If only state law is involved in the case, it cannot be appealed higher than the state
supreme court. If, however, the state supreme court decision involved federal law, it can be appealed to the U.S.
Supreme Court.
In North Carolina, cases decided by a superior court judge can be appealed before the North Carolina Court of
Appeals or North Carolina Supreme Court (if it is a first-degree murder case that imposes the death penalty). Cases
decided by the North Carolina Court of Appeals can be appealed to the North Carolina Supreme Court.
When an appeals court decides the outcome of a case, a written opinion or ruling is created. Because appellate
court cases are usually heard by more than one judge, the judges can sometimes disagree on a decision. When this
occurs, two or more written opinions may be issued for the same case. The majority opinion states the decision of
the court. A dissenting opinion states the reasons why some of the judges disagreed with the majority opinion. A
concurrent opinion may be written by judges who agree with the majority opinion but for different reasons than
those used to support the majority opinion.
6. What is judicial review?
Judicial review is the power of a court to review a law for constitutionality or for the violation of basic principles of
justice. Courts with judicial review powers can strike down a law or overturn an executive act.
7. What is the purpose of the jury system and when is it employed?
The United States Constitution guarantees an accused person the right to an impartial jury. Courts use jury duty to
keep citizens engaged in their government and an active part of the judicial process.
o Jurors are citizens who listen to cases and determine a person’s right to property, right to freedom, or, in
capital cases, right to life. Generated lists of jurors come from voter registration lists and drivers’ license
lists.
o To be eligible to serve as a juror in North Carolina, one must fulfill the following requirements:
i. Citizen of the state and a resident of the county
ii. 18 or older (no upper age limit)
iii. Able to speak and to understand the English language
iv. Physically and mentally competent
v. No felony conviction
There are two types of juries—petit juries and grand juries.
o 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.
o 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.
ƒ A civil petit jury consists of not less than 6 nor more than 12 jurors.
ƒ A criminal petit jury consists of 12 jurors plus alternate jurors.
Competency Goal Five, Objective 5.04
Evaluate the Role of Debate in the Legislative Process
1. What are the roles of legislative committees?
The committee system is an important part of Congress, as committees are relied upon to sort through public policy
and write legislation. Within each committee, the seniority system determines the order of hierarchy for its
members, and relies on the number of years of continuous service on a particular committee to establish who will be
in power. There are three types of congressional committees: standing committees, joint committees, and conference
committees.
• Standing Committee: Committees have the power to propose and write legislation. They remain in existence from
one session of Congress to the next. Each standing committee is responsible for a certain issue area (such as
agriculture or veterans affairs). Except for the House Rules Committee, standing committees receive proposals
for legislation and create bills for them.
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•
•
•
The House Rules Committee determines the order in which bills come up for a vote on the House floor.
It also decides the rules that will govern the length of debate and opportunity for amendments.
Joint Committee: Committees that have members from the Senate and House of Representatives. They are
permanent but do not have the power to report legislation. There are four joint committees: economic, taxation,
library, and printing.
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.
2. What is the process that legislative branches use to debate the merits of a bill?
US Congress
A bill is a proposed law that is sponsored by a member of Congress and submitted to the clerk of the House or
Senate. Once submitted by a member of Congress, the bill is given to the appropriate committee for deliberation.
After the bill comes out of committee, it is debated on the floor of the House or Senate. The process of debate is
different for these two houses:
• House of Representatives: In the House, after the committee agrees on the language of the bill, it is submitted to
the Rules Committee, which allots the time for debate and amendments to the bill.
• Senate: In the Senate, leadership does not have as much control over floor debate. Once a bill is on the floor, a
senator is allowed to speak for as long as he or she wishes. Sometimes, senators use a filibuster is prevent
action on legislation they oppose by continuously holding the floor until the majority agrees to remove the bill
from consideration. Cloture is a rule that allows the majority party to set a time limit on debate for a bill.
North Carolina General Assembly
In North Carolina, only a member of the General Assembly may introduce a bill - that is, present it to the General
Assembly for its consideration. At the proper time during each daily session, the presiding officer announces
“Introduction of Bills and Resolutions.” After the bill is first introduced, it is assigned to a committee for
recommendations. Once approved by a committee, the bill is recognized in the Senate or House of Representatives by
the sponsor of the bill, who explains the bill and allows other members to speak for or against it. Sometimes there is
lengthy and heated debate; sometimes there is virtually no debate at all. After all who wish to be heard have spoken,
a vote is taken. After approved by one house, it is sent to the other house, where it goes through the same process
(referred to committee, then debated on the floor). After a bill passes both houses, a clean copy, including all
amendments, is prepared, with space for the signatures of the two presiding officers, and the governor, if necessary.
3. What is the veto process for a bill?
United States
At the federal level, the president has a constitutional power to veto a bill, which is to reject an act of Congress. A
bill that has been vetoed cannot become law without two-thirds vote in the House and the Senate.
• Pocket veto: Occurs when the President chooses not to sign a bill that he is presented during the last ten days of
a legislative session.
• Line-item veto: The power of the President to remove specific spending items from appropriations bills passed
by Congress. In 1998, the Supreme Court ruled the line-item veto to be unconstitutional.
North Carolina
In November 1996, the citizens of North Carolina voted to amend the State Constitution to allow for a gubernatorial
veto (Section 22 of Article II of the North Carolina Constitution). All Public Bills other than bills making
appointments, proposing constitutional amendments, or revising districts are presented to the Governor on the day
following ratification for the Governor's approval or veto. If the Governor signs the bill or takes no action on the bill
within ten days after presentation, the bill becomes law. After adjournment of the General Assembly, the Governor
has 30 days to act on a bill. The Governor is required to reconvene the General Assembly if a bill is vetoed after
adjournment, unless a written request is received and signed by a majority of the Members of both houses that it is
not necessary to reconvene.
If the Governor vetoes a bill, the bill is returned to the original house where three-fifths of its members can vote to
override the veto. If the original house votes to override the veto, the bill is sent to the second house where threefifths of its members must also vote to override the veto before the bill can become law.
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Competency Goal Five, Objective 5.05
Explain How Local Government Agencies Balance Interests and Resolve Conflicts.
1. What services are usually provided by counties in North Carolina?
• See Objective 3.02, number 13 in addition to the organizations below.
• Community Colleges: Like the public schools, community colleges receive both state and local money to perform
their daily operations.
• Cooperative Extension: This organization is based at NC State University and A&T State University and in all
100 counties. Its intent is to provide NC with access to agricultural resources and expertise.
• Court Facilities: In every North Carolina County Seat, there is a county courthouse. The County Clerk of Court
manages the courthouse, but this courthouse and its clerk are part of the state-wide court system.
• Jails: The state requires every county build and maintain a jail, which is overseen by the sheriff.
• Soil and Water Conservation: Local governments work to maintain water sources, to provide clean drinking
water, to distribute water into your home or school, and to dispose of solid wastes to maintain the purity of local
soil.
• Youth Detention Facilities: Ten facilities throughout the state are responsible for the temporary, safe, and
secure supervision of juveniles awaiting court dates or placement.
2. What services are usually provided by municipalities?
• Buses/Public Transportation: Public bus routes are run and sidewalks built for citizens’ convenience.
• Police Protection: Most NC municipalities run their own police departments, providing service and protection to
citizens.
• Public Housing: Many municipalities have Local Public Housing Authorities. These groups work to provide
resources for high-quality mixed-income communities and to provide safe and sanitary housing.
• Public Utilities: Municipalities provide and regulate services, including water and sewer, electricity, natural
gas, telephone, and cable television.
3. How do city and county governments interact with one another?
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 community problems and collaborate during large-scale
events to provide services. For example, during NASCAR races in Cabarrus County, Concord police work inside the
speedway and the county sheriff’s department are stationed in surrounding areas. City and county governments will
work together to fund and support economic development projects and negotiate deals and tax incentives to attract
companies to their area. While counties have lead responsibility for emergency management in disasters, most cities
and counties have mutual aid agreements between their fire and police/sheriff departments.
Occasionally, city and county governments will create joint departments, such as the Charlotte-Mecklenburg Utilities
and Charlotte-Mecklenburg Police Department. Planning departments are also sometimes shared, such as those in
Forsyth County/Winston-Salem and Durham County/Durham City.
4. How do cities and counties solicit citizen input?
Cities and counties hold forums, or public meetings in which citizens can participate, to solicit citizen input. Two
types of forums used by governments are town meetings and public hearings.
• Town meetings: A gathering in which the town’s eligible voters are asked to participate. Usually town meetings
meet at least once a year to obtain community feedback on public policies, or to cast legally binding votes on
issues like levying taxes, making spending decision, and electing officers.
• Public hearings: Hearings in which citizens have a formal opportunity to be heard by the government prior to its
making a decision.
5. What are some ways in which the government can control the development of its land?
• Zoning: A system for land-use regulation. It includes regulations for the kinds 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.
• Annexation: The legal incorporation of one territory into another political entity.
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Civics and Economics: Goal 5 at a Glance
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Extraterritorial jurisdiction (ETJ): The legal ability of government to use authority beyond its normal
boundaries. In North Carolina, cities are allowed to claim ETJ over zoning laws.
6. What conflict does annexation cause in North Carolina?
• The Law
o North Carolina statute 160A-36 allows municipal governments to extend their corporate limits if the
annexed area is “adjacent or contiguous to the municipality’s boundaries at the time the annexation
proceeding is begun” and if “the area to be annexed is developed for urban purposes at the time of
approval.”
o If the annexed area fulfills the requirements of 160A-36, then under 160A-37, the City Council can pass
a resolution, set a date for a public-information session, set a date for a public hearing, amend the
resolution based on information heard, and then adopt an ordinance extending its boundaries.
• The Controversy
o General Statutes make it easy for NC cities and towns to expand their boundaries, and the primary
reason for annexation is rapid growth because municipalities need more money and a larger tax base to
meet the demands of this growth.
ƒ Pro: Annexation, whether involuntary or not, allows for more organized growth of services and
schools, for example.
ƒ Con: Recent annexations have been involuntary and ignore the desires of those living in the
annexed area. Those in the annexed area “suffer” under such changes as newly levied taxes,
utility connection fees, and new zoning ordinances.
•
Recent Battles over Annexation
o The Town of Ayden v. the Town of Winterville (2001)
o Shearin v. Town of Coats (1996)
Competency Goal Five, Objective 5.06
Analyze the Roles of Individual Citizens, Political Parties, the Media and Other Interest Groups in Public Polity
Decisions, Dispute Resolution, and Government action
1. Other than voting for candidates, what other things might I vote on in an election?
In addition to voting for candidates, citizens also have the power of initiative, referendum, and recall.
• Initiative: A process by which citizens can propose laws. Citizens petition the board of elections to get either a
referendum or proposition on the ballot. In both cases, a petition signed by a certain percent of registered voters
must first be submitted to the board of elections.
• Referendum: The process that a law proposed or passed by the state legislature is put on the ballot for citizens
to approve or reject. A referendum permits citizens to vote directly on a proposed law or other governmental
action, and usually has the aim to undo a law.
o Proposition: Proposition is a law that voters place on the ballot through the process of the initiative.
o Recent Referenda
i. Wake County School District, 2006: Wake County Commissioners will send a $1 billion school-bond
referendum to the voting public in November.
ii. Guilford County, 2004: County voters approved a bond referendum that provided $10 million to help
preserve natural areas throughout the county.
• Recall: Recall elections are held when registered voters petition the board of elections (state or local)
requesting that a particular candidate be recalled. Recall elections are very rare in North Carolina; only 15 cities
and one school district have special permission from the General Assembly to hold these elections. Registered
voters start the process by submitting a petition with signatures of a certain percentage of registered voters to
the board elections.
2. What are charter schools?
Autonomous public schools supported by state tax dollars and created by teachers, parents, and other interested
parties. Rapidly expanding as a public-school option, the premise is that these schools will commit to greater
accountability for student success.
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Civics and Economics: Goal 5 at a Glance
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3. What is a tuition voucher?
A tuition voucher is a certificate that parents are given to pay for the education of their children at a school of their
choice, as opposed to the public school to which they were assigned. Public support for tuition vouchers is mixed,
with conservatives more likely to support vouchers. The federal government operates the largest voucher program
for evacuees from students affected by Hurricane Katrina.
4. Why do local governments issue bonds?
• When state, county, and municipal governments do not have money to construct schools or highways or to
provide other public services, they issue bonds, which are debts or loans the government agrees to repay. Two
types of bonds exist: General Obligation Bonds and Revenue Bonds.
o General Obligation Bonds: These bonds are repaid using tax money; often, the tax rate is raised to pay
these bonds. One example is the taxing power of the County School Board and the County
Commissioners when they decide to place a school bond referendum on the ballot, seeking the approval
to raise the property tax rate.
o Revenue Bonds: A bond that is repaid through revenue generated by the entity associated with the
purpose of the bond (Example, instead of the public paying taxes for the bond, the fees collected for
providing water services will pay for a bond given to the water department.)
Sources:
Arbetman, Lee P. and Edward L. O’Brien. Street Law: A Course in Practical Law. Lincolnwood: National Textbook Company,
1999.
th
Black’s Law Dictionary. 7 ed. 1999
Cornell Law School, http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.law.cornell.edu/uscode/28/ch81.html
Davis, James E. and Phyllis Fernlund. Civics and Economics. Needham: Pearson Education, 2003.
Drennan, James C. Interview. 16 February 2007.
Federal Judicial Center, http://www.fjc.gov/public/home.nsf
General Court of Justice. Chart. Chapel Hill: School of Government at UNC-CH, 2004.
Ginsberg, Benjamin, Theodore J. Lowi, and Margaret Weir. We the People: An Introduction to American Politics. New York:
W.W. Norton and Company, 2005.
The Judicial System in North Carolina. Raleigh: North Carolina Administrative Office of the Courts, 2005.
National Alternative Dispute Resolution Advisory Council,
http://www.ag.gov.au/agd/www/Disputeresolutionhome.nsf/Page/RWPA5559F45254849B3CA256D9F002714A9?OpenDocume
nt
NJCourts Online, http://www.judiciary.state.nj.us/njcourts-09.htm
The North Carolina Court System, http://www.nccourts.org/
“The North Carolina Court System.” North Carolina Administrative Office of the Courts. 18 May 2006.
North Carolina General Assembly web site: http://www.ncga.state.nc.us/NCGAInfo/Bill-Law/bill-law.html
State Library of North Carolina web site, http://statelibrary.dcr.state.nc.us/NC/HISTORY/HISTORY.HTM
U.S. Courts, http://www.uscourts.gov/index.html
Whitaker, Gordon. Interview. 26 February 2007.
Wikipedia, http://en.wikipedia.org
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