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

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Presentation on theme: "Unit VI – The Judicial System Chapter 18 Sections 1 & 2 National Judiciary and The Inferior Courts."— Presentation transcript:

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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