The National Judiciary

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The National Judiciary

• CWP
• Mrs. Huston
• Chapter 18, Section 1

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Roots

• Articles of Confederationno court system
• Articles III of the Constitutioncreated federal
  court system
• Only the Supreme Court at first

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Dual Court System

• Federal
• More than 100
• State
• thousands

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Constitutional courts

• Formed by Congress over time
• Courts of appeals
• District courts
• Court of International Trade
• Sometimes called regular courts

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Special Courts

• Created to hear cases arising from some expressed
  power
• Narrower range of cases
• Sometimes called legislative courts

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Special Courts, whats included?

• Court of Appeals of the Armed Forces
• Court of Veterans Appeals
• Claims Court
• Tax Court
• Territorial Courts
• Courts of the District of Columbia

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Jurisdiction

• Federal courts
• Due to subject matter
• Due to parties involved the the case

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Subject Matter

• Interpretation and application of the
  Constitution or any other federal law
• Admiralty or maritime law
• Having to do with the high seas, etc.

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Parties

• If the US is involved
• Involves one of its officers or agencies
• Involves an ambassador, consul or other official
  representative of a foreign government
• Involves a state suing another state, or a
  citizen of another state, etc.

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Parties, continued

• A citizen of a state suing a citizen of another
  state
• An American citizen suing a foreign government or
  one of its subjects
• A citizen of a state suing another citizen of the
  same state where both claim land grants from
  different states

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Exclusive Jurisdiction

• May only be heard in the federal courts
• Involving foreign governments
• Involving copywrights
• Etc.

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Concurrent Jurisdiction

• May be tried in either federal court or a state
  court
• Diverse citizenship cases where the amount
  involved is less than 50,000 are usually heard
  in state courts

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Terms

• Plaintiffthe one who initiates the suit
• Defendantthe party who must defend against he
  complaint

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Original and Appellate Jurisdiction

• Originalthe court in which the case is first
  heard
• Appellatea court where the case is being heard
  again (on appeal) coming from a lower court
• They may uphold, overrule or modify the original
  decision

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• Federal District Courts have only original
  jurisdiction
• Federal Appeals Courts have only appellate
  jurisdiction
• The Supreme Court exercises both original and
  appellate jurisdiction

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Appointment of Judges

• President nominates someone
• The nominee must be approved by the Senate
• Usually choose someone who aligns with their
  political philosophy
• i.e., conservative, moderate, liberal

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Terms and Pay

• The judges are appointed for life
• They may resign, retire, or die in office
• They may be removed by the impeachment process
• Salaries are set by Congress

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Exceptions to Life Terms

• Claims Court, the Court of Military Appeals,
  Court of Veterans Appeals15 year term
• Tax Court12 year term
• Territorial Judges10 year term
• DC Superior Court judges4 year term
• DC Court of Appeals8 year term

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Court Officers

• The primary job of judges is to hear and decide
  cases
• Other personnel provide support services

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Clerk

• Custody of the official seal
• Keeps records of court proceedings
• Assisted by deputy clerks, stenographers,
  bailiffs, etc.

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Magistrates

• Term of 8 years
• Issue arrest warrants
• Hear preliminary evidence
• Set bail
• Try for minor offenses

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Bankruptcy Judge

• 14 year term
• Handle bankruptcy cases within their district

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United States Attorney

• At least one in each district, appointed by the
  President, approved by the Senate
• Prosecute people charged with federal crimes
• Represent the US in all civil actions

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US Marshalls

• Appointed by the president to serve in each
  district court for 4 year term
• Assisted by deputies
• Make arrests
• Keep accused people in custody
• Secure jurors
• Serve legal papers and court orders
• Keep order in courtroom

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THE END