The Federal Court System Chapter 18.1. The National and State Judiciary. Terms to know. Plaintiff: someone who brings a legal complaint Defendant: someone who is accused of wrong doing Burden of proof: what must be shown for the court to reach a decision
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The National and State Judiciary
The federal court system was established by Article III of the Constitution.
Congress has the ability to organize the federal judiciary and set its jurisdiction
Federal courts interpret federal law (Congressional or Presidential Acts). They also interpret state law to make sure it does not conflict with federal law or the US Constitution
1. Federal judges are nominated by the President and confirmed by the Senate. They serve for life during “good behavior”.
2. Presidents almost always nominate persons from their own political party who share their ideology, with deference to the senators from the State in which the appointee will serve, and with "some" consultation of the leaders of the party to which the President belongs.
1. Federal constitutional judges are appointed for life and may be removed only through the impeachment process.
2. Congress sets judicial salaries and benefits but may not reduce them while a judge is sitting.
Oregon Supreme Court
Final appeals court in Oregon – 7 judges
Oregon Court of Appeals
Intermediate appeals court – 3 judges in each court
Circuit and District Courts
Trial Court – 1 judge, 12 jurors – takes 10 jurors to come to a decision