CHAPTER 18 THE FEDERAL COURT SYSTEM by hcj

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									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
      “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)
 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”
 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.
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.
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
 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
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
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”
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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