Jurisdiction And Judicial Power

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Presentation transcript:

Jurisdiction And Judicial Power The Judicial Branch Jurisdiction And Judicial Power

Creation of the National Judiciary The Constitution’s vague plan for the national judiciary can be found in Article 3 of the Constitution. Remember, there was no judicial branch under the Articles of Confederation.

Dual Court System Because of the nature of FEDERALISM; we utilize a “dual court system” The Federal Courts hear cases involving national laws, and the State Courts hear cases involving state laws!

Jurisdiction: The right to hear a case Based on subject of the law Or based on parties involved

Jurisdiction: The right to hear a case Exclusive Jurisdiction: Only the federal courts may hear these cases as they deal with Federal Law Concurrent Jurisdiction: When a crime violates both federal and state laws, the case can be heard in both courts

Jurisdiction: The right to hear a case Original Jurisdiction: the right of a court to hear a case the first time Appellate Jurisdiction: the right of a court to review decisions of a trial court

Criminal Law vs. Civil Law deals with statutory (written down) laws or codes. the punishment can include fines and/or confinement to prison. deals with disputes between two or more private people. the punishment is only monetary damages.

Perhaps the best government job... The Federal Judges: Perhaps the best government job...

Provisions for Judges: Appointed by President, approved by Senate (checks and balances) Framers wanted judges to be independent of politics, so they are appointed “During good behavior” Judges may be removed by the impeachment process Congress has set compensation for judges, as well as their perks!

$244,400/$255,500 $199,100 $211,200

How did the Supreme Court gain equal status with the other two branches? The Supreme Court gained recognition as an equal branch of government as a result of John Marshall’s judicial strategy. Prior to Marshall’s appointment, the Supreme Court held little power. In Marbury v Madison (1803), the Supreme Court first declared an act of Congress unconstitutional, thus establishing judicial review!

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