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The National Judiciary. Why did the framers create a national court system??. Under the Articles of Confederation, there was no national courts and no national judiciary What did that mean for the U.S?

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The National Judiciary

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The national judiciary

The National Judiciary

Why did the framers create a national court system

Why did the framers create a national court system??

  • Under the Articles of Confederation, there was no national courts and no national judiciary

  • What did that mean for the U.S?

    • Disputes between states and between persons who lived in different states, were decided, if at all, by the courts in one of the states involved

    • Often, decisions by the courts in one state were ignored by the courts in other states

Article iii section i

Article III, Section I

  • “The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain, and establish”

  • Article I, Section 8, Clause 9

  • Congress is given the expressed power to “ constitute tribunals inferior to the supreme court”

The dual court system

The Dual Court System

  • What do we mean by dual court system??

Two kinds of federal courts

Two Kinds of Federal Courts

Federal court jurisdiction

Federal Court Jurisdiction

The Subject Matter of the Case: a case falls within the jurisdiction of the federal courts if it concerns:

Federal court jurisdiction1

Federal Court Jurisdiction

  • The Parties involved in a case: a case falls within the jurisdiction of the Federal Courts if any of the parties in the case is:

Exclusive and concurrent jurisdiction

Exclusive and Concurrent Jurisdiction

  • Just like there are exclusive and concurrent powers in the federal government, there is the same for powers of the judiciary

Original and appellate jurisdiction

Original and Appellate Jurisdiction

  • Original Jurisdiction: a court in which a case is first heard is said to have original jurisdiction

    • This is the 94 district courts

    • Courts where original jurisdiction occurs are the courts we think of with trials, evidence, jury, etc.

  • Appellate Jurisdiction: a court that hears a case on appeal from a lower court has appellate jurisdiction

    • The appellate court is ALWAYS the higher court

    • They may uphold, overrule, or in some way modify the decision of the lower court

    • There is no jury, evidence, witnesses, etc. in an appellate court

Appointment of federal judges

Appointment of Federal Judges

  • Works in the same way as Supreme Court Justices

    • Federal Judges are appointed by the President

    • In the case of Federal Judges, the President will usually nominate someone who has been recommended by the senators from the state involved.

    • The Senate must approve of the appointees

Terms and pay

Terms and Pay

  • “the judges, both of the supreme and inferior courts, shall hold their offices during good behavior…”

    • Judges of the Constitutional courts are appointed for life, or until they retire, resign, or die in office

    • They may be removed through the impeachment process

  • Those that sit on the Special Courts are not appointed for life

    • See pg. 510 for listings

Terms and pay1

Terms and Pay

  • Federal judges shall “ at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office”

    • Article III, Section I

  • Federal Judges and Supreme Court Justices are given 100% of their pay for life, so long as their age and years of service amount to 80

    • Example: they may retire at age 70 if they have served 10 years; you may retire at 65 if you have served at least 15 years

  • Inferior courts

    Inferior Courts

    The district courts

    The District Courts

    • Federal Trial Courts

      • 94 districts with at least 2 judges per district

      • 643 judges

      • 300,000 + cases per year (about 80% of the federal caseload)

    District court jurisdiction

    District Court Jurisdiction

    • District courts have original or appellate jurisdiction??

    • They hear two types of cases:

      • 1. Criminal: a defendant is tried for committing some action that Congress has declared by law to be a federal crime

      • 2. Civil: involves some noncriminal matter

    The court of appeals

    The Court of Appeals

    • Created in 1891 to take off much of the burden that was falling on the U. S. Supreme Court

    • Most decisions made in the 94 district courts are final, however, if one chooses they do not like the outcome of their trial (plaintiff or defendant) they may submit to the court of appeals

    Structure of the court of appeals

    Structure of the Court of Appeals

    • 12 Judicial Circuits, including the District of Columbia

      • One Court of Appeals per circuit

    • 179 Appellate Court Judges

    • Judges ALWAYS sit in groups of three on the Appellate court circuit

    • The 5th Circuit: Texas, Louisiana, Mississippi

      • Main Appellate Court building in New Orleans

      • Approximately 30 judges in the circuit

    How federal court cases are appealed

    How Federal Court Cases are Appealed

    En banc

    En Banc

    • So, you were put on trial in one of 94 Federal District Courts. You do not like the outcome of the trial

    • You take your case to the Appellate Court, where it is argued, not tried, before 3 judges

    • You do not like the outcome of what the Appellate Judges have decided, you now have two options:

      • You may appeal your case directly to the Supreme Court, who hears approximately 1 out of every 100 cases submitted

      • Or, you can ask for an en banc hearing, meaning all 13 appellate judges from that circuit will listen to your appeal

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