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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 l.jpg

CHAPTER 18 THE FEDERAL COURT SYSTEM

CH. 18-1 THE NATIONAL JUDICIARY

AMERICAN GOVERNMENT


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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)


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  • 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”


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FEDERAL COURT JURISDICTION and the U.S. Court of International Trade

  • 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.


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TYPES OF JURISDICTION and the U.S. Court of International Trade

  • 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


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  • ORIGINAL AND APPELLATE JURISDICTION and the U.S. Court of International Trade

  • 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


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APPOINTMENT OF JUDGES and the U.S. Court of International Trade

  • 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


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TERMS AND PAY OF JUDGES and the U.S. Court of International Trade

  • 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”


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COURT OFFICERS and the U.S. Court of International Trade

  • 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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