competency goal #5 explain how the political and legal systems provide a means to balance competing...

Competency Goal #5Explain how the political and legal systems

provide a means to balance competing interest and resolve conflicts

Objective 5.01 = Evaluate the role of debate, consensus, compromise and negotiation in resolving conflictObjective 5.02 = Identify the jurisdiction of state and federal courtsObjective 5.03 = Describe the adversarial nature of the judicial processObjective 5.04 = Evaluate the role of debate and compromise in the legislative processObjective 5.05 = Explain how local government agencies balance interest and resolve conflictsObjective 5.06 = Analyze roles of individual citizens, political parties, the media, and other interest groups in public policy decisions, dispute resolution, and government action.

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Objective 5.01 = Evaluate the role of debate, consensus, compromise and negotiation in resolving conflict

Terms Consensus Building: getting everyone to agree

and sometimes even attempting to appease the minority

Debate: formal argument that follows rules and usu. appeals to the emotions of both sides

Negotiation: form of conflict resolution where two sides discuss an issue and reach an agreement that will hopefully benefit both sides

Compromise: reach an agreement by both sides giving in a little.


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Objective 5.04 = Evaluate the role of debate and compromise in the legislative process Terms Proposition Bill Standing Committee Seniority System House Rules Committee Joint Committee Conference Committee Public Hearing Act Law Veto Lin item Veto Pocket Veto Filibuster Cloture Rider


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Conflict Resolution

In a democracy, citizens must learn how to resolve conflicts between competing interests

Conflict Resolution can be difficult since people commonly pursue their own self-interestsThis leads them into disputes with

other doing the same thing


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Conflict Resolution

In a democracy a degree of majority rule usually carries the day.However, a recent trend in conflict

resolution is consensus building, or resolving a conflict using common ground and compromise so that all or most parties agree to the solution, mot just a majority


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Conflict Resolution

To make informed decisions, each side in a dispute needs to hear all arguments about an issue.

Debates Formal arguments in which various views on

a question are expressed and argued. After debate often comes negotiation.

A discussion with the goal of forming an agreement.


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Conflict Resolution

Resolving Conflicts in this way usually works through the parties finding a compromise.

Here the people or parties give up or change part of their demand in order to make that they reach a general agreement.The Constitutional Convention had to

compromise to agree on the Constitution


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The Constitutional Convention

1. The Connecticut Compromise

2. Commerce and Slave Trade Compromise

3. The 3/5 Compromise

1. The Senate has = representation and the House of Reps has proportional representation

2. The Fed. Government may regulate trade and the slave trade will continue for at least 20 years

3. For purposes of political representation and taxation, slaves counted as 3/5 of a person


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Committee Systems

Legislators have complex committee systems that help members discuss and learn about the bills before them.

Bills are first sent to a relevant committee Job of the committee is to judge whether it

should go on to the legislature for a vote Under the Seniority system, higher-ranking

positions on legislative committees go to members with more years served.


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Committee Systems

All actions in the House of Reps. are based on procedures made by the House Rule Committee (Standing Committee)

Standing Committees are permanent. They study legislation, hold hearings, and

give input on legislative measures. Some Committees, like a joint committee,

have members from both houses A conference committee is a joint

committee whose job it is to work out a version of a bill that will pass both houses.


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How a Bill becomes a Law

A law begins as a bill. A member of Congress announces the bill and

is usually it sponsor (in charge of getting it passed)

It is then given to a House of Representatives committee covering its topic.

If the committee approves the ill, it must next pass the House by a simple majority before going on to the Senate where a new committee studies it.


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If the Senate approves the bill, it goes to the president for his signature to become law. Sometimes bills have riders, one or more

additional bills attached to the main bill. If the main bill passed, so do any riders

If members oppose a bill but do not have the votes, they may filibuster. Members speak on the floor of the Senate

without stopping, therefore the bill cannot come up for a vote


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A filibuster can be ended by cloture by a vote of sixty or more senators.

Laws may also be made through a proposition voted on by the public after it gets on the ballot through a petition of sufficient registered voters.


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The rejection of a law by the president, or veto, is an executive branch check on the legislative branch.

The President has 10 days to veto, or reject, legislation.

The President may sign a resolution of veto, or use the pocket veto by not taking any action while the legislature is out of session.


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Most vetoes reject a total piece of legislation, but a line-item veto rejects particular parts of the legislation.

The President does not have this power, but many governors do.


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Objective 5.02 = Identify the jurisdiction of state and federal courts

Objective 5.02 Terms Appellate Exclusive Concurrent Original

Federal Courts District Courts US Courts of Appeal US Supreme Court Special Courts

State Courts Lower Courts General Trial Courts Intermediate Appellate Courts State Supreme Court


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Objective 5.03 = Describe the adversarial nature of the judicial process

Objective 5.03 Terms Confirmation Process Judicial Review Writ of Certiorari Oral Argument Majority Opinion Dissenting Opinion Concurrent Opinion Felony Misdemeanor Torts Court Docket Prosecutor Appeal

Objective 5.03 Terms Defendant Plaintiff Subpoena Summons Arrest Warrant Indictment Perjury Grand Jury Plea Plea Bargaining Bail Sentencing Public Defender Capital Offense Verdict


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The American Judicial System

Since the American government is a constitution republic, it is ruled by law.

The Judicial Branch must oversee the enforcement and administration of the law.

This system is complex, with different type of jurisdictions, or power to hear and determine certain legal cases.


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Federal Courts are national courts with limited jurisdiction to decide cases that involve: the United States government, the US Constitution, federal laws, controversies between states, or between the US and foreign

governments.


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State courts have general jurisdiction and handle most legal cases in the country.

There are two types of US Supreme court jurisdiction: Original Jurisdiction: power to judge cases

before other courts do, ex all cases between states.

Appellate jurisdiction is the power to hear appeals of lower court rulings.


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Concurrent Jurisdiction: means the more than lone kind of court can hear a case.

Exclusive Jurisdiction: Means only one kind of court may hear the case


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Types of Courts

There are two main types of courts in both the Federal (national) and the state court systems;Appellate courts: Courts of AppealGeneral trial courts: Hear original

cases


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Types of Courts

The federal US Supreme Court chooses to consider only a fraction of the cases that lawyers submit to it.

It must consider appeals linked to a citizen’s equality and rights.

Appeals seek to overturn the decision of another court. The Supreme Court has the power of judicial review:

ruling on the constitutionality of a law or judicial decision.

In all regards, the Supreme Court IS the Constitution


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Types of Courts

The 12 US Courts of Appeal review cases referred to them from the US District Courts, which have jurisdiction over specific areas of the country


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The District Courts have original jurisdiction over all offenses against the laws of the United States.

Congress can set up a special court working with specialized jurisdiction, such as the U.S. Court of International Trade

Types of Courts


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State Courts

Hear vast majority of the country’s court cases.

State Supreme Court is the last appeals court for all cases except for those that rise to federal appellate courts.


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State Courts

Intermediate Court of Appeals hears appeals form lower state courts. These Courts handle all or most of the

appeals coming from the state’s General Trial Courts where both Civil and Criminal Cases are conducted

• Lower courts are local general trial courts that tend to hear cases such as misdemeanors, minor offenses punishable by up to a year in jail of a fine.


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State Courts

Felonies are major crimes with harsher punishments than misdemeanors.


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Selection of Federal & State Judges

The President nominates candidates for the federal bench. The Senate Judiciary Committee holds

hearings. If the committee releases the nomination, the

nominee goes to the Senate for approval or rejection

State judges are selected by election, executive appointment or appointment by a commission.


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The Judicial Process and Courtroom Roles

For a trial to occur:An individual or the state must file a

complaint, which accuses a person of committing a wrong.

The prosecutor represents the state or individual against the defendant and decides if there is probable cause to issue a warrant.


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A Warrant can allow police to search a place & seize specific property or, can be an arrest warrant.

The court may also send a summons, a notice to a person to appear in court.

A Subpoena requires a person to testify in court.


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Supreme Courts use judges, not a jury to decide cases.

To avoid ties they have an odd number of judges.

The higher court issues a Writ of Certiorari, or a request for materials needed to conduct judicial review of a case.


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The Majority opinion decides the outcome: it is written by one justice.

Justices may write a concurring opinion, giving different or other reasons for siding with the majority.

Dissenting opinions form the minority explain why those justices disagree with the decision.


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Court may conduct preliminary hearings to find if there is enough evidence or probable cause for someone to be charged with a crime.

If there is enough evidence or probable cause, then the next step is the defendant entering a plea.Innocence or guilt.


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The Court then decides if bail, or money posted to guarantee the defendant will appear in court, is warranted.

At trial lawyers file a brief, or a summary of the facts in the case and the laws that applies to it.

The court then sets the case for oral argument, during which lawyers argue their cases at trial.


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The prosecutor notes the torts, or wrongs committed.

The state appoints a public defender at no cost for defendant who cannot afford a lawyer.

Witnesses who lie under oath are guilty of perjury.


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Final Proceeding and the Jury System

Cases do not always make it to trialMay reach a settlement

• An agreement about the case• Prosecutors and defense attorneys often

negotiate a deal where the defendant pleads guilty to a lesser charge, a process known as plea bargaining.

The Court must agree to the bargain, otherwise the case normally goes to a jury trial


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They jury system is more likely to result in a verdict. Judgment of guilt or innocence

A grand jury has the power to issue an indictment, the formal charge that sends the case to a trial.

A petit jury, or trial jury, hears cases and issues verdicts.

The judge generally issues the sentence, or punishment. In capital offenses, or crimes punishable by death, the

jury may be asked to make a sentencing recommendation


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During the legal process, the rights of victims should be guarded.These rights include the right to

protection, proper response when reporting a crime to the police, diligent prosecution, and information about the case.


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Objective 5.05 = Explain how local government agencies balance interest and resolve conflicts

Objective 5.05 Terms Town Meetings Public Hearings Forums Budget Extra Territorial Jurisdiction (ETJ) At-Large Zoning Annexation Infrastructure


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Local Govt.

Local Govt. is either municipal – about a town or city – or countywide.

County = area made by territorial division to organize local govt.

The largest govt. administrative area w/in a state. Major cities often full up an entire county. Some counties levy taxes, operate school boards, run

election, and offer health and many other services. Counties may have their own body of elected

representatives, a county council.


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Local Govts.

Counties and municipalities have their own government officials.

Example: The county sheriff can apply his/her authority throughout a county, while city police can apply their authority in the municipality over which they have jurisdiction.


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Local Govts.

Municipal and county govts. work together to avoid repetition of regulations, laws, and jobs.

This cooperation saves time, money and resources.Both county and city government

operate on a budget, a plan noting how much can be spent in light of how much money is coming in.


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Interaction B/T County and City Governments

Counties sometimes function only as judicial court districts or geographical markers.

However, Counties maintain vital statistics and law enforcement and library systems, and may be responsible for providing services such as record-keeping, election administration, and judicial administration.


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City Departments may include Public Works Parks and Recreation Police and Fire Departments Accounting/Finance Transportation Urban Planning Zoning

• Zoning is the power to limit land use within certain areas.

• Local Government may zone an area for business use only or for residences only.


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Local Governments are also concerned with infrastructure, the services and facilities – such as roads, electricity, and public transportation – supporting a community’s daily life and economic activity.


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Citizen Input on Public Policy

Public policy establishes the priorities governments set for public issues and public problems, along with proposed solutions.

Citizens have a say in public policy by electing local representatives who vote on issues of concern to the citizens.


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Citizens may also take part in public hearings, or open discussions led by political leaders, where people speak out on matters of public concern, such as education and land use.

In the same way, a town meeting, at which residents speak directly with government officials, is a common local forum for discussion.


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In New England, town meetings are a venue for registered voters to conduct business of governing by making laws and authorizing expenditures.

A public forum is also an open discussion, but one that may include an expert panel.


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Citizens are often concerned about land use. Imagine a city is in the process of making an

important decision on extraterritorial jurisdiction (ETJ).

• This term refers to the power of a city to take over land within three miles of its borders that has not already been legally claimed .

ETJ is a form of annexation, or the legal merging of a territory into another one.


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The citizens AT-LARGE or those in the entire city, may want to be involved in this matter.

Having a town meeting or other public forum about the annexation would allow all the people involved to be heard, reducing conflict.


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Objective 5.06 = Analyze roles of individual citizens, political parties, the media, and other interest groups in public policy decisions, dispute resolution, and government action.

Objective 5.06 Terms Tuition Voucher Charter Schools Petition Bond Issues Public Policy Special Interest Groups Electronic Media Voting


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Citizens in Action

One way citizens affect public policy is through voting. Another way is through a local initiative.

Local citizens initiate, or begin, a movement to pass a law.

• Such a law is not created by the legislature. Most initiatives get on the ballot by a specified

percentage of registered voters signing a petition. In this way voters exercise the right guaranteed by

the 1st Amendment to the Constitution to be able to petition the government to address problems


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Citizens in Action

A referendum is a form of initiative. Referendums refer measures proposed or

passed by a legislative body to the vote of the people for approval or rejection.

• Example: A law to require bicycle riders to wear a helmet.

Referendums get on the ballot by a vote of the legislature, a petition form the people, or both.

Usually only a simple majority is needed to pass a referendum.


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Citizens in Action

Problems w/ typical public education have created the charter school movement.

A charter school is a public school that is independent of the school board and is governed by its own legal agreement, or charter.


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Citizens in Action

Charter schools usually have a unique philosophy and are self-controlled.

Laws governing charter schools very from state to state.

Students receive government assistance called tuition vouchers – money in the form of a certificate that can be used only to pay the charter school to cover its costs.


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Citizens in Action

Sometimes voters become dissatisfied with the performance of an elected official. Voters may try to remove that person form

office through a recall election. Recall elections are rare. Recall elections start when a required

number of registered voters sign a petition calling for the election.

In this way, recall elections also fall under the 1st Amendment’s guarantee that citizens can petition the government to redress their grievances.


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Public Policy

A democracy should have free interchange between the citizens and their representatives.

Since governments have authority and responsibility over so many, they establish plans, behaviors, and actions to improve society through public policies.


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Citizens in Action

Special-Interest Groups often play a role in disputes about public policy.

A special-interest group is organized around a common cause or issue. For Example: Citizen advocacy

organizations such as the American Association of Retired Persons (AARP), professional trade organizations, such as the Chamber of Commerce, and labor unions.

Special-interest groups use their organizational power to promote public policies beneficial to their members.


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Citizens in Action

The electronic media – mass technological communication such as radio, television and the internet, play an important role in articulating and determining public policy. Using such forums as nightly news

broadcasts can be an effective public policy tool.

Often political broadcasts come in sound bites: a politician is interviewed or shown saying a carefully chosen, simple sentence or two


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Citizens in Action

Governments submit bond issues to the voters to fund a specified public need, such as schools, hospitals, highways, or housing.

Passing the bond issue allows the government to borrow money to meet the need.

The money must be paid back by a specified date.

competency goal #5 explain how the political and legal systems provide a means to balance competing...

Documents

conflict objective

sides compromise

form of conflict resolution

conflicts objective

connecticut compromise

dispute resolution

role of debate

majority slide