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The Federal Court System Chapter 18. Section 1: The National Judiciary The Creation of a National Judiciary Articles of Confederation  no national courts.

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Presentation on theme: "The Federal Court System Chapter 18. Section 1: The National Judiciary The Creation of a National Judiciary Articles of Confederation  no national courts."— Presentation transcript:

1 The Federal Court System Chapter 18

2 Section 1: The National Judiciary The Creation of a National Judiciary Articles of Confederation  no national courts  no national judiciary Unable to settle disputes between states Federal court system was established by Article III of the Constitution Federalist Papers#22  Hamilton wrote of the need for a National Judiciary

3  Article III – Judicial Branch Framers felt a need for a National Judiciary Inferior Federal Courts  Lower courts, those beneath the US Supreme Ct Dual Court System  Federal court system – deals with federal law  State court system – deals with state law Two kinds of Federal Courts  Constitutional Courts  Special Courts Review the charts on the top of page 507


5 The Federal District Courts

6 Jurisdiction in the Federal Courts Federal Courts Cases - interpretation and application of the constitution – more common  Any federal statute or treaty Cases that arise on the high seas(navigable waters of the United States) Who is involved in the case?  United States or one of its officers or agencies  One state suing another state  One citizen of a state suing a resident of another state

7 Vocabulary Jurisdiction – the authority of a court to try and decide a case Exclusive jurisdiction – cases only heard in a federal court Concurrent jurisdiction – state and federal courts share the power to hear the case Original jurisdiction – where the case is first heard Appellate jurisdiction – hears an appeal from a lower court

8 Vocabulary Plaintiff – the person who brings forth a case, or complaint Defendant – the person who the complaint is brought against

9 Appointments of Judges Federal judges nominated by the President  confirmed by the Senate Philosophy of government Loose Constructionist/Strict Constructionist Terms and Pay of Judges Most federal judges are appointed for life Impeachment process only way to remove them from office

10 Court Officers – Federal Level In each Federal Judicial District US Magistrates – issue warrants, often hear evidence, set bail for federal charges US Attorney – federal government prosecutors, they work closely with the FBI and other federal agencies US Marshals – duties include make arrests, hold accused persons in custody, serve legal papers, execute federal court orders and decisions US Attorneys and US Marshals are appointed to four year terms

11 Section 2: The Inferior Courts The District Courts 632 District judges  hear 80 percent of the federal caseload Each State  forms at least one judicial district  two judges are assigned to each district District courts have original jurisdiction over most of the cases heard in the federal courts  hear both civil and criminal cases  use both grand and petit juries

12 The Courts of Appeals created in 1891 as “gatekeepers” to the Supreme Court 12 courts of appeals and 179 circuit judges Appellate courts are regional  hear appeals from courts within their circuits  appeals from  United States Tax Court, the territorial courts, and from the decisions of federal regulatory commissions Two Other Constitutional Courts The Court of International Trade  nine judges hear civil cases arising out of the tariff and other trade-related laws.  Appeals from the Trade Court go to the Court of Appeals for the Federal Circuit The Court of Appeals for the Federal Circuit has 12 judges.  centralize the appeals process in certain types of federal cases and in cases from certain lower and special courts

13 The Supreme Court Judicial Review the power to decide on the constitutionality of an act of government established in the case of Marbury v. Madison, 1803 United States Supreme Court  the final authority on constitutionality of an issue  the arbiter of disputes between States between States and the Federal Government

14 Article III – Judiciary Branch US Supreme Court is the only court created by the constitution Required by Article III to be established Number of Justices to be established by Congress Judiciary Act of 1789 – established all lower federal courts (inferior courts)

15 Jurisdiction Supreme Court  both original and appellate jurisdiction  primarily appellate jurisdiction

16 How Cases Reach the Court Convene on the first Monday in October Decisions are rendered mid spring – early summer 8,000 cases brought before the court, less than 100 will be heard “rule of four” – at least four judges must agree that the court should hear a case remand - Case is sent back to a lower court

17 writ of certiorari an order to a lower court to send up the record in a given case writ of mandamus a court order telling a government official to perform his duties certificate  request a ruling on a particular point of law

18 The Supreme Court at Work Oral Arguments  lawyers speak to the justices, emphasizing the major points they made in their written briefs Briefs  written documents supporting one side of a case  submitted before oral arguments are heard Solicitor  represents the United States before the Supreme Court in all cases to which it is a part The Conference  justices meet in secret session to discuss in depth and vote on the cases they have heard

19 Opinions of the Court Majority Opinion – Officially called the opinion of the court, explains the decision of the court Dissenting Opinion – Opinion that does not agree with the majority decision Concurring Opinion – Agrees with the majority, however, it adds or emphasis a point not made by the majority Chief Justice assigns who will write the opinion Precedent – Majority opinions on cases, they are examples to be followed

20 Section 4: The Special Courts Special courts are sometimes called legislative courts and their job is to hear cases that arise from the exercise by Congress of certain of its expressed powers. Other courts established by Congress in the exercise of its expressed powers are: 1. the U. S. Federal Claims Court; 2. the courts of the District of Columbia; 3. a Court of Appeals for the Armed Forces; 4. a U. S. Tax Court; 5. the territorial; 6. the Court of Veterans Appeals.

21 Chapter 18 Jigsaw Quiz 1. The Creation of a National Judiciary (461 – 462) Appointments of Judges (465) 2. Jurisdiction in the Federal Courts (462 – 464) Court officers (466) 3. Terms and Pay of Judges (465 – 466) Jurisdiction (473 – 474) 4. Judicial Review (471 – 473) 5. How Cases Reach the Court (474 – 475) The Supreme Court at Work (475 – 476)

22 Assignment Groups of 5 members a. Step 1 – 12 minute i. Each group member will be assigned a section of the chapter to read 1. Take notes on at least 8 - 10 key facts regarding your section 2. Become the expert on this section 3. 12 minutes c. Step 2 – 15 minutes 1. Each member will be given 3 minutes to explain in as much detail their section a. You are the expert of this section (teach your group about your section) 2. Explain the key points of the section from your notes d. Step 3 – Quiz i. Each group will take a group quiz 1. Sections experts should answer the appropriate questions  a. Rely on the expert of that section 2. If there is a dispute between answers, groups should discuss the question in order to obtain the correct answer Process: Get into groups (30 seconds) Begin working on Step 1 – 12 minutes 8 – 10 key facts (Dates, names, events, anything you believe is important) A. Begin working on Step 1 – 15 minutes A. everyone stand, grab your materials and proceed to move back to your original group Step 3 Take Quiz


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