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

Slides:



Advertisements
Similar presentations
Legal Research & Writing LAW-215
Advertisements

Vocabulary Indictment- Determines if there is enough evidence for a defendant to go to trial Arraignment- Defendant is officially informed of charges and.
Chapter 4 THE COURT SYSTEM
Section 2.1.
The Federal Court System
THE JUDICIAL BRANCH.  A: Types of Courts ◦ 1. Trial courts hear evidence and arguments of the parties in a case. Known as adversarial courts system.
Judicial Branch.
THE JUDICIAL SYSTEM Chapter 18. The Judicial System  Articles of Confederation did not set up a national judicial system  Major weakness of the Articles.
Pre-Learning Question Over which types of cases does the federal court system have jurisdiction? Objective: Students will learn about the dual court system.
Objective 1.02 Understand Court Systems and Trial Procedures
Types of Courts American Government. Standing  In order for a case to be heard in our legal system, the plaintiff must have standing to sue  This means.
Chapter 18: The Federal Court System Section 2
Unit A-Business Law Essential Standard 1.00
Chapter 5 – A Dual Court System
Conflicts The United States’ Political and Judicial System.
The Judicial Branch A Review.
The Federal Court System The National Judiciary: Key Terms Jurisdiction Exclusive jurisdiction Concurrent jurisdiction Plaintiff Defendant Original jurisdiction.
The Federal Court System According to the Constitution, Congress has the power to create inferior courts (all federal courts, other than the Supreme Court.)
The US Court System Objective 2.01.
Georgia’s General Assembly  Meets each year for a 40 day session that starts the 2 nd Monday in January.  Can pass legislation on taxes, education, contracts,
The Federal Courts Chapter 11 Section 1. Constitutional Origins The courts are established by Article III of the Constitution. The courts are established.
Chapter 10: The Judicial Branch
Judicial Branch Federal District Courts (94 Courts in 12 Districts) Federal Appeals Court (12 Appeals Courts +1 Special Appeals Court) Supreme Court (Highest.
Chapter 14: The National Judiciary. Creation Called for by Alexander Hamilton in Federalist Paper #22. Article III, Section I: The judicial Power of the.
Federal Court System. Federal Courts Creation of Federal Courts –No national court system under Articles of Confederation –Article III established Supreme.
The Judicial Branch Chapter 18. THE INFERIOR COURTS Section 2.
Federal Court System. Certiorari A Latin word meaning “to inform”, in the sense that the petition informs the Court of the request for review.
Judicial. JUDICIAL BRANCH BASIC INFORMATION Types of Cases Civil – involves a lawsuit filed (plaintiff), and (defendant) court decides responsibility.
A Dual Court System Business Law. Previously…  Explain the need for laws.  Compare the different sources of law.  Examine the constitutional basis.
 The United States has an adversarial court system. › This means that two opposing sides must argue their cases before a judge in order to find the truth.
Section 1.2 The Court System and Trial Procedures.
Supreme Court State Courts Local Courts Qualifications  No qualifications  Appointed by President- approved by Senate  Senatorial Courtesy › President.
Types of Jurisdiction. Original Jurisdiction a court’s authority to hear and decide a matter before any other court can review the matter a court’s authority.
Chapter 18 The Judicial Branch. National Judiciary ► During the Articles of Confederation, there were no national courts and no national judiciary system.
The Courts – Federal Court System Objective: Identify the source of power of the federal courts Name the various levels of federal courts and describe.
JUDICIAL BRANCH ARTICLE III. LEADERSHIP- SUPREME COURT The Supreme Court is the highest court in the United States. It is the only court actually created.
Goal 5 Political and Legal Systems and the Balance of Competing Interests and Conflicts.
Powers of the Federal Courts Ch. 11. I. The National Judiciary A. Creation of National Judiciary  None made with the Articles of Confederation  Hamilton.
Chapter 10: Judicial Branch Describe the organization, functions, and jurisdiction of courts within the American judicial system. Explain the kinds of.
2Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART A Dual Court System.
Review What is the social contract theory? Give an example of administrative law. Why do torts commonly lead to settlements? Make a list of trial procedures.
The Judicial Branch. I. Two Types of Law In America A. Criminal Law – Laws protecting property and individual safety 1. Most of these laws are made at.
CHAPTER 18 QUESTIONS. Question #1 What is meant by “dual court system”? National judiciary and the state court systems existing in each of the 50 states.
The Judicial Branch “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from.
Chapter 18. Section 1 Why Do We Have One? Under the Articles of Confederation, there wasn’t a national judiciary Each state interpreted the law for itself.
Chapter 5 “A Dual Court System” Business Law. A Dual Court System.
Magruder’s American Government
Warm Up Paul was caught speeding on Rea Rd last month. He has to go to court next week for his traffic ticket. What type of law did he violate? Sarah.
Unit 4: The dual court system of the US
The Federal Court System
Unit 4: Law & the Legal System
The jurisdiction of state and federal courts.
JUDICIAL BRANCH Ch. 18.
The Federal Courts.
The Federal Court System
Article III of the Constitution The Courts
Unit 6 Goal 5.02 Identify the jurisdiction of state and federal courts. THE JUDICIAL BRANCH.
The Courts & the Judicial Branch
The National Judiciary
I. The National Judiciary
Unit 4: Law & the Legal System
A2: The Judicial Branch Basics Notes
Dispute Resolution and the Courts
State v. Federal Courts Where will my case go?.
The Judicial Branch.
The Federal Court System (ch.18)
The Judicial Branch.
Federal and State Courts Notes
The Judicial Branch.
Article III of the Constitution The Courts
Presentation transcript:

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

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

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

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

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

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

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

Federal Courts

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

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

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

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

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

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.

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

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

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 to see the map of district and superior courts in North Carolina.