Goal 5 Political and Legal Systems and the Balance of Competing Interests and Conflicts

Solving Conflicts Debate is used to present opposing sides Negotiation is used to come together to a conclusion Compromise is willing to give up something for a solution Consensus Building is an actual plan used to try to solve a conflict

Courts – State and National State: 1) District (lowest) 2) Superior (General Trials) 3) NC Court of Appeals (intermediate) 4) NC Supreme Court (highest) Federal 1) US District Courts and Special Courts (such as Tax Court) 2) US Court of Appeals (mid-level appellate) 3) US Supreme Court (highest court in the country with 9 justices)

Cases Heard by Federal Courts Crimes violating federal law If the US is involved Disputes between states Disputes in foreign countries Complaint involving federal law

Criminal Proceedings Steps in the Criminal Process: 1)Commission of Crime (is it a misdemeanor or felony) 2)Getting an arrest warrant or search warrant with probable cause 3)Indictment is issued by a grand jury and defendant is set up against prosecutor or a preliminary hearing is granted to determine if enough evidence is there

Criminal Proceedings (continued) 4) Arraignment informs defendant of charges 5) Defendant makes plea (guilty, not guilty) and can plea bargain to get a lesser sentence, also pre-trial motions are made 6) Case is put on the court docket (court schedule) and trial begins 7) Trial occurs (defense attorneys, public defenders argue against prosecutor) and witnesses are called by subpoena to stand (they can be convicted of perjury for lying in court)

Criminal Proceedings (continued) 8) Verdict of guilty or not guilty and the sentence (perhaps a capital offense – crime that can be punished by death) although sometimes there is a hung jury (no decision made) and it is declared a mistrial (charges dropped) 9) Defendants who are guilty can appeal to a higher court based on issue of fact, issue of law, or rights of victims 10) In higher courts, attorneys present oral arguments and judges make opinions (majority, concurring, and dissenting) 11) Writ of Certiorari – higher court can request a case

Civil Proceedings Plaintiff accuses defendant of something, and defendant is called to court via a summons Judge will settle case in court

Legislative Process 1)Proposal is made to Congress by a congressman after an idea by someone and becomes a bill 2)Bill goes to standing committee in House or Senate where it is recommended to the House with/without changes or pigeonholed (killed) – sometimes it goes to subcommittees 3)If in the House, bill goes to House Rules Committee and then to House floor – If in the Senate it goes to Senate floor

Legislative Process (continued) 4) On the House or Senate floor a bill can pass or be voted down - In the House the rules are tight and allow limited speaking time - In the Senate, people can speak as long as they want and filibuster the bill (kill it by talking it to death), and only a cloture (60% of Senate) can vote down a filibuster 5) Bill goes to other house committee and then through other house

Legislative Process (continued) 6) A conference committee will iron out differences between House and Senate on the bill 7) Bill goes back through both houses for vote 8) Bill goes to President who can: veto, pocket veto, or sign bill into law 9) Congress can override veto with 2/3 vote in both houses

Local Conflicts Solved by voting in local elections Going to town meetings (whole community participates in solution) Going to public hearings (listening to government make solutions) Going to public forums (listening and participating in solutions)

Interest Groups People can join groups of people that agree with them on how to solve issues, called special interest groups Includes MADD, NRA, Sierra Club, etc. These groups try to influence public policy through lobbyists (people who go to Congress to make the case for the group)