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Unit VI – The Judicial System

Unit VI – The Judicial System. Chapter 18 Sections 1 & 2 National Judiciary and The Inferior Courts. Creation of a National Judiciary.

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Unit VI – The Judicial System

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  1. Unit VI – The Judicial System Chapter 18 Sections 1 & 2 National Judiciary and The Inferior Courts

  2. Creation of a National Judiciary • 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 create the rest of the federal court system.

  3. Dual Court System • Two separate court systems in the United States: • Federal (national) system • State and local system

  4. Federal Courts • There are also two kinds of federal courts: • Supreme Court • Inferior courts • Constitutional Courts • Special Courts • See chart on page 521

  5. Federal Court Jurisdiction • Jurisdiction – defined as the authority of a court to hear (to try and to decide) a case. The term literally means “to say the law”. • Subject matter – federal courts hear cases if they involve a “federal question” that is, the interpretation of the Constitution.

  6. Continued… • Parties – for a federal case, one of the parties must be • The U.S. or an office or agency • An ambassador or official rep. of a foreign govt • One of the 50 states suing another State • A citizen of one State suing another State • An American citizen suing a foreign govt • A citizen of a state suing another citizen of the same state where both claim title to land under grants from a different state

  7. Types of Jurisdiction • Exclusive or Concurrent – exclusive meaning cases listed from previous slide; concurrent meaning that federal and state courts share the power to hear cases. • Original and Appellate – original meaning the case is being heard for the first time; appellate meaning a case heard on appeal from a lower court.

  8. Federal Judges • Selection – President nominates and Senate approves • Impact of Philosophy – • Restraint – believe that judges should decide cases on the basis of (1) the original intent of the Framers when writing the Constitution • Activism – take a much broader view of judicial power; leave more room for interpretation

  9. Federal Judicial Districts • 89 federal judicial districts • At least 2 judges assigned to each district (some have more) • Refer to chart on page 529

  10. District Court Jurisdiction • District courts have original jurisdiction over more than 80% of the cases that are heard in the federal court system. • Criminal and civil cases

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