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Overview of the National Judiciary and Its Jurisdiction Under the Constitution

This article delves into the structure and jurisdiction of the National Judiciary as established in Article III of the U.S. Constitution. It outlines the role of the Supreme Court, the formation of lower federal courts through the Judiciary Act of 1789, and the types of cases heard in federal courts. These include original and appellate jurisdiction, as well as specific civil and criminal matters. It also touches on the dual court system, incorporating both federal and state courts, and the responsibilities of various court officers.

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Overview of the National Judiciary and Its Jurisdiction Under the Constitution

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  1. Article III –National Judiciary • Section 1 • ____________________ • ____________________ • ____________________ • ____________________ • Section 2 – Jurisdiction • Clause I • subject • parties • Clause 2 __________ • Clause 3 __________ 3. Section 3 – Treason 1. (2 part definition) 2. _____________ 3._____________

  2. The National Judiciary Reference Chapter 18, Sections 1,2,4

  3. The Constitution establishes the Supreme Court

  4. The National Judiciary • Judiciary Act of 1789 (Senate Bill #1) • Establishes district and circuit courts 1802 1837 1801 1807 1869 1911 1863 1891 1925…

  5. Jurisdictionthe authority of a court to hear a case • Original – the first court in which a case is heard. • Appellate – a court that reviews a previously tried case

  6. Structure of Federal Court System

  7. Jurisdiction- What kinds of cases are heard in federal courts? • Cases with questions involving • The interpretation of the Constitution • Federal crimes as designated by Congress • Foreign diplomats • The US is a party to the case • Bankruptcy • Some state laws where the two parties are residents of different states

  8. What kinds of Cases are heard by District Courts? • Criminal Law • Violations of federal law • Bank robbery • Kidnapping • Mail fraud • Counterfeiting • Tax evasion • Civil Cases • Dispute between 2 parties; not criminal • Bankruptcy • Civil rights • Public land uses • Postal issues • Tax issues

  9. Other Special Courts(frequently called legislative courts)

  10. Other Court Officers • US Magistrates • Issue warrants, preliminary review, set bail… • US Marshalls • “sheriff”- arrests, custody, serve papers, courtroom order, civil disturbances • District attorneys and deputies • Government lawyers • Court Clerks • Papers, records, etc.

  11. A DUAL COURT SYSTEM State Courts Federal Courts Cases Federal statutes Constitution Oceans Maritime,admiralty US/foreign officials Interstate International • Everything Else • Criminal law • Civil law

  12. Jurisdictionthe authority of a court to hear a case

  13. Homework • Read and note 18.3 The Supreme Court p. 517-522 • Complete #1-5 p. 522

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