Name: ______
Unit 5: The Judicial Branch
Chapter 18: The Federal Court System
Section 1: The National Judiciary (p. 461-466)
Terms to know:
- Jurisdiction ______
- Original Jurisdiction ______
- Appellate Jurisdiction ______
- Exclusive Jurisdiction ______
- Concurrent Jurisdiction ______
- The Creation of a National Judiciary
- Constitution
- “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”
- A Dual Court System
- National Courts (federal courts)
- State Courts (county, city, municipal)
- Two Kinds of Federal Courts
- Constitutional Courts
- Federal courts that Congress has formed to exercise “the judicial power of the United States”
- Supreme Court, Courts of Appeals, district courts, and the Court of International Trade
- Special Courts
- Created by Congress to hear cases arising out of some of the expressed powers given to Congress
- “Legislative courts”
- Court of Appeals for the Armed Forces, the Court of Veterans Appeals, the Claims Court, the Tax Court, the various territorial courts, and the courts of the District of Columbia
- Jurisdiction in the Federal Courts
- Jurisdiction
- The authority of a court to hear and decide a case
- Subject Matter
Federal courts may hear a case if it deals with:
- The interpretation and application of a provision in the Constitution or in any federal statute or treaty
- A question of admiralty (matters that arise on the high seas or navigable waters of the U.S.) or a question of maritime law (matters arising on land but directly relating to the water)
- Parties
Federal courts may hear a case if it deals with:
- The United States or one of its officers or agencies
- An ambassador, consul, or other official representative of a foreign government
- A State suing another State, or a citizen of another State, or a foreign government or one of its subjects
- A citizen of one State suing a citizen of another state
- An American citizen suing a foreign government or one of its subjects
- A citizen of one State suing a citizen of that same State where both claim land under grants from different States
- Exclusive and Concurrent Jurisdiction
- Exclusive Jurisdiction
- Those cases can be heard only in the federal courts
- Concurrent Jurisdiction
- The federal and State courts share the power to hear cases
- Disputes involving citizens of different States are an example
- Congress has provided that the federal district courts may hear cases in diverse citizenship only if the amount of money involved in a case is over $50,000
- Plantiff-the one who initiates the suit
- Defendant-the party who must defend against the complaint
- Original and Appellate Jurisdiction
- Original Jurisdiction
- A court in which a case is heard first has original jurisdiction
- District Courts
- Appellate jurisdiction
- A court that hears a case on appeal from a lower court
- Appeals Court
- Supreme Court exercises both
- Appointment of Judges
- President
- “shall nominate, and, by and with the advice and consent of the Senate, shall appoint...the judges of the Supreme Court”
- Federal judges as well
- Appointees to the Supreme Court will serve many years, so Presidents look for justices who share his political ideology
- Terms and Pay of Judges
- Terms
- The judges of the constitutional courts are appointed for ______(until they resign, retire, or die)
- May be removed through the impeachment process
- Why appointed for life? ______
- Some federal judges serve 15, 12, 10, or 4 year terms (p. 465)
- Pay
- Set by Congress
- Cannot be diminished while they are in office
- Supreme Court $______(p. 478 for others)
- May retire at age ___ and, if they have served at least ___ years, receive their yearly salary for the rest of their lives (or at 65 and 15 years of service)
- Court Officers
- United States magistrate
- An officer of the court who handles a number of legal matters once dealt with by the judges themselves
- One in each of the 91 federal district courts
- Bankruptcy Judge
- United States Attorney
- Responsible for the prosecution of ______
- United States Marshal
- Duties like a county sheriff