Presentation on theme: "The Federal Courts and the Judicial Branch Section 1 at a Glance The Federal Court System The United States has a dual court system. The Judiciary Act."— Presentation transcript:
The Federal Courts and the Judicial Branch Section 1 at a Glance The Federal Court System The United States has a dual court system. The Judiciary Act of 1789 organized the federal courts into three tiers. Today these tiers consist of the district courts, the courts of appeals, and the Supreme Court. Through its powers of judicial review, the judicial branch plays a critical role in the system of checks and balances.
The Federal Courts and the Judicial Branch Jurisdiction S Court that first hears a case has original jurisdiction; if appealed to another court, that court has appellate jurisdiction. F Cases involving residents of different states and sums above $75,000 fall under concurrent jurisdiction, both state and federal courts; plaintiff may file case in either state or federal court A Dual Court System Constitution set up federal court system to clarify rulings between state courts and set national standard. Authority of state and federal court systems from different sources: powers of state courts from state constitutions and state laws; authority of federal courts from Constitution and federal law The American Court System
The Federal Courts and the Judicial Branch T Outlined three-tiered system of federal courts; has remained virtually the same since original proposal Supreme Court is at top; below are circuit courts, district courts Judiciary Act of 1789 Each state must have one district court District courts have original jurisdiction over most federal cases District Courts Structure of the Federal Court System
The Federal Courts and the Judicial Branch Courts of Appeals Originally circuit courts, courts of appeals hear appeals from district courts and some federal agencies 12 circuits with a court of appeals in each circuit The Supreme Court S C Other Courts Some other courts created by Congress, known as Article I courts, have limited jurisdiction Structure of the Federal Court System (cont’d.)
P Most judges have been lawyers Party Affiliation Presidents usually nominate judges from their political party Legal Expertise Presidents usually nominate judges with similar judicial philosophy Judicial restraint: judges interpret Constitution based on Framers’ original intention Judicial activism: meaning of Constitution should be adapted to meet modern needs Most judges respect precedent Judicial Philosophy Appointing Federal Judges
The Federal Courts and the Judicial Branch Opinions of the Senate P Tradition of senatorial courtesy: senator from same state as judicial nominee and same political party as president can block nomination to federal district court for almost any reason I Appointing Federal Judges (cont’d.)
The Federal Courts and the Judicial Branch Judicial Review P Checks on the Judiciary Appointment process is check on judiciary by executive and legislative branches Congress has power to impeach and remove judges from office Amendment process is legislative check on the judiciary Checks and Balances
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