Presentation on theme: "CHAPTER 18 THE FEDERAL COURT SYSTEM"— Presentation transcript:
1 CHAPTER 18 THE FEDERAL COURT SYSTEM CH THE NATIONAL JUDICIARYAMERICAN 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 HamiltonNational Judiciary created in the Constitution Article III, Section 1Congress is also given the power to create (and remove) inferior courts (Article I, Section 8, Clause 9)
3 A DUEL COURT SYSTEMTwo separate court systems1 National Judiciary & 50 state judiciariesTWO KINDS OF FEDERAL COURTSINFERIOR COURTS—lower courts beneath the Supreme Court1) constitutional courtsCreated by Article III to exercise “the judicial Power of the USA”
4 These courts now include courts of appeal, district courts, and the U These courts now include courts of appeal, district courts, and the U.S. Court of International Trade2) Special CourtsCreated by Congress because of expressed powers given to Congress by Article IEx.—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 courtsEx.—a case involving an ambassador or other official from a foreign country; trial of a person charged with a federal crimeCONCURRENT—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 heardAPPELLATE—a court that hears a case on appeal from a lower courtCourt of Appeals can either uphold the ruling of the lower court or modify the decisionThe Supreme Court has both original and appellate jurisdiction
8 APPOINTMENT OF JUDGESConstitution sets procedure for appointing judges (Article II, Section 2, Clause 2)President can appoint anyone to the federal bench that the Senate will confirmPresidents usually pick someone from their political party or ideology
9 TERMS AND PAY OF JUDGESArticle 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 process13 federal judges have been impeached, 7 convicted and removedArticle 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 OFFICERSJudges spend the majority of the time hearing and deciding casesPeople appointed include clerks, deputy clerks, bailiffs, court reporters, and stenographers, probation officers, and othersEach federal district has at least one bankruptcy judgePresident and Senate appoint US attorneys, US Marshalls, and other officers for each districtTHE END