Presentation on theme: "Unit VI – The Judicial System"— Presentation transcript:
1Unit VI – The Judicial System Chapter 18 Sections 1 & 2National Judiciary and The Inferior Courts
2Creation 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.
3Dual Court System Two separate court systems in the United States: Federal (national) systemState and local system
4Federal Courts There are also two kinds of federal courts: Supreme CourtInferior courtsConstitutional CourtsSpecial CourtsSee chart on page 521
5Federal 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.
6Continued… Parties – for a federal case, one of the parties must be The U.S. or an office or agencyAn ambassador or official rep. of a foreign govtOne of the 50 states suing another StateA citizen of one State suing another StateAn American citizen suing a foreign govtA citizen of a state suing another citizen of the same state where both claim title to land under grants from a different state
7Types of JurisdictionExclusive 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.
8Federal 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 ConstitutionActivism – take a much broader view of judicial power; leave more room for interpretation
9Federal Judicial Districts At least 2 judges assigned to each district (some have more)Refer to chart on page 529
10District 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