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CHAPTER 18 THE FEDERAL COURT SYSTEM CH. 18-1 THE NATIONAL JUDICIARY AMERICAN GOVERNMENT.

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Presentation on theme: "CHAPTER 18 THE FEDERAL COURT SYSTEM CH. 18-1 THE NATIONAL JUDICIARY AMERICAN GOVERNMENT."— Presentation transcript:

1 CHAPTER 18 THE FEDERAL COURT SYSTEM CH THE NATIONAL JUDICIARY AMERICAN GOVERNMENT

2 CREATION OF A NATIONAL JUDICIARY  During Articles of Confederation ( ) there was no national court system  “Laws are a dead letter without courts to expound and define their true meaning and operation”— Alexander Hamilton  National Judiciary created in the Constitution Article III, Section 1  Congress is also given the power to create (and remove) inferior courts (Article I, Section 8, Clause 9)

3  A DUEL COURT SYSTEM  Two separate court systems  1 National Judiciary & 50 state judiciaries  TWO KINDS OF FEDERAL COURTS  INFERIOR COURTS—lower courts beneath the Supreme Court  1) constitutional courts  Created by Article III to exercise “the judicial Power of the USA”

4  These courts now include courts of appeal, district courts, and the U.S. Court of International Trade  2) Special Courts  Created by Congress because of expressed powers given to Congress by Article I  Ex.—US Court of Appeals for the Armed Forces, US Court of Appeals for Veterans Claims, etc.

5 FEDERAL COURT JURISDICTION  JURISDICTION—the authority of a court to hear (to try and to decide) a case.  Federal courts hear cases based on either subject matter or Parties involved (chart p. 508)  All cases that are not heard by the federal courts become the jurisdiction of the state courts.

6 TYPES OF JURISDICTION  EXCLUSIVE AND CONCURRENT JURISDICTION  EXCLUSIVE—cases that can only be heard by federal courts  Ex.—a case involving an ambassador or other official from a foreign country; trial of a person charged with a federal crime  CONCURRENT—cases that can be tried in either federal or state courts

7  ORIGINAL AND APPELLATE JURISDICTION  ORIGINAL—a court in which a case is first heard  APPELLATE—a court that hears a case on appeal from a lower court  Court of Appeals can either uphold the ruling of the lower court or modify the decision  The Supreme Court has both original and appellate jurisdiction

8 APPOINTMENT OF JUDGES  Constitution sets procedure for appointing judges (Article II, Section 2, Clause 2)  President can appoint anyone to the federal bench that the Senate will confirm  Presidents usually pick someone from their political party or ideology

9 TERMS AND PAY OF JUDGES  Article III, Section 1 states the term of office for all judges  “The judges…shall hold their offices during good behavior…”  They may be removed through the impeachment process  13 federal judges have been impeached, 7 convicted and removed  Article III, Section 1 states that federal judges “shall, at stated Times, receive for their services, a compensation which shall not be diminished during their continuance in office”

10 COURT OFFICERS JJudges spend the majority of the time hearing and deciding cases PPeople appointed include clerks, deputy clerks, bailiffs, court reporters, and stenographers, probation officers, and others EEach federal district has at least one bankruptcy judge PPresident and Senate appoint US attorneys, US Marshalls, and other officers for each district TTHE END


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