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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. During Articles of Confederation (1781-1789) there was no national court system

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CHAPTER 18 THE FEDERAL COURT SYSTEM

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  1. CHAPTER 18 THE FEDERAL COURT SYSTEM CH. 18-1 THE NATIONAL JUDICIARY AMERICAN GOVERNMENT

  2. 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)

  3. 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”

  4. 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.

  5. 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.

  6. 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

  7. 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

  8. 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

  9. 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”

  10. 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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