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CHAPTER 18 THE FEDERAL COURT SYSTEM

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CHAPTER 18 THE FEDERAL COURT SYSTEM. CH. 18-1 THE NATIONAL JUDICIARY AMERICAN GOVERNMENT. CREATION OF A NATIONAL JUDICIARY. During Articles of Confederation (1781-1789) there was no national court system

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chapter 18 the federal court system

CHAPTER 18 THE FEDERAL COURT SYSTEM

CH. 18-1 THE NATIONAL JUDICIARY

AMERICAN GOVERNMENT

creation of a national judiciary
CREATION OF A NATIONAL JUDICIARY
  • During Articles of Confederation (1781-1789) there was no national court system
  • “Laws are a dead letter without courts to expound and define their true meaning and operation”—Alexander Hamilton
  • National Judiciary created in the Constitution Article III, Section 1
  • Congress is also given the power to create (and remove) inferior courts (Article I, Section 8, Clause 9)
slide3

A DUEL COURT SYSTEM

  • Two separate court systems
  • 1 National Judiciary & 50 state judiciaries
  • TWO KINDS OF FEDERAL COURTS
  • INFERIOR COURTS—lower courts beneath the Supreme Court
  • 1) constitutional courts
  • Created by Article III to exercise “the judicial Power of the USA”
slide4

These courts now include courts of appeal, district courts, and the U.S. Court of International Trade

  • 2) Special Courts
  • Created by Congress because of expressed powers given to Congress by Article I
  • Ex.—US Court of Appeals for the Armed Forces, US Court of Appeals for Veterans Claims, etc.
federal court jurisdiction
FEDERAL COURT JURISDICTION
  • JURISDICTION—the authority of a court to hear (to try and to decide) a case.
  • Federal courts hear cases based on either subject matter or Parties involved (chart p. 508)
  • All cases that are not heard by the federal courts become the jurisdiction of the state courts.
types of jurisdiction
TYPES OF JURISDICTION
  • EXCLUSIVE AND CONCURRENT JURISDICTION
  • EXCLUSIVE—cases that can only be heard by federal courts
  • Ex.—a case involving an ambassador or other official from a foreign country; trial of a person charged with a federal crime
  • CONCURRENT—cases that can be tried in either federal or state courts
slide7

ORIGINAL AND APPELLATE JURISDICTION

  • ORIGINAL—a court in which a case is first heard
  • APPELLATE—a court that hears a case on appeal from a lower court
  • Court of Appeals can either uphold the ruling of the lower court or modify the decision
  • The Supreme Court has both original and appellate jurisdiction
appointment of judges
APPOINTMENT OF JUDGES
  • Constitution sets procedure for appointing judges (Article II, Section 2, Clause 2)
  • President can appoint anyone to the federal bench that the Senate will confirm
  • Presidents usually pick someone from their political party or ideology
terms and pay of judges
TERMS AND PAY OF JUDGES
  • Article III, Section 1 states the term of office for all judges
  • “The judges…shall hold their offices during good behavior…”
  • They may be removed through the impeachment process
  • 13 federal judges have been impeached, 7 convicted and removed
  • Article III, Section 1 states that federal judges “shall, at stated Times, receive for their services, a compensation which shall not be diminished during their continuance in office”
court officers
COURT OFFICERS
  • Judges spend the majority of the time hearing and deciding cases
  • People appointed include clerks, deputy clerks, bailiffs, court reporters, and stenographers, probation officers, and others
  • Each federal district has at least one bankruptcy judge
  • President and Senate appoint US attorneys, US Marshalls, and other officers for each district
  • THE END
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