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The Judiciary

The Judiciary. I . Jurisdiction. Federal courts have jurisdiction when there is a Constitutional issue, two or more states are involved and in cases dealing with ambassadors.

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The Judiciary

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  1. The Judiciary

  2. I. Jurisdiction • Federal courts have jurisdiction when there is a Constitutional issue, two or more states are involved and in cases dealing with ambassadors. • Sate courts have jurisdiction in cases deriving in state law but those decisions may be appealed and could end up in federal court.

  3. Structure • District Courts (94) Original Jurisdiction - Handle 80% of federal cases B. Appeals Courts (13)

  4. Selection of Judges • The President chooses nominees for all federal courts who must be confirmed by the Senate. B. All nominees backgrounds including legal writings are thoroughly investigated. C. Recent times have witnessed intense confirmation hearings leading many presidents to nominate moderates.

  5. Hearing Cases • The Court operates on the rule of four, meaning that is four justices agree to hear the cases a writ of certiorari will be granted. • Decisions are based on the following criteria: • If a court has made a decision that conflicts with precedent • If a court has come up with a new question • If two courts of appeals reach conflicting decisions. • If there are inconsistency between state courts. • If there is a split decision in the court of appeals.

  6. Recusal • Under certain circumstances judges are asked (but not required) to step down • If they have a perceived bias • If there is an issue regarding the integrity of the court • If a judge was involved in a lower court decision • Financial interest • 3rd degree of relationship

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