18.1 THE NATIONAL JUDICIARY

REVIEW FROM YESTERDAY What is the difference between civil and criminal? What does the Supreme Court do? How many judges are on the Supreme Court? Can you name one? What do we need a judicial system?

“Laws are a dead letter without courts to expound and define their true meaning and operation.” – Alexander Hamilton in Federalist No. 22 What did he mean?

CONSTITUTION CREATES FIRST COURTS Article III, Section I states: “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

BASIC INFO There are TWO separate court systems in the US Federal courts State courts Most cases are heard in State, not federal, courts Diagram 1 p. 507

FEDERAL COURTS There are two kinds of Federal Courts 1.Constitutional Courts 2.Special Courts Jurisdiction (authority of a court to hear a case) Based on subject matter Based on parties involved All cases that are not heard by the federal courts are within the jurisdiction of the States’ courts You must read the chart on page 508 for specifics for the test next week.

TYPES OF JURISDICTION Exclusive jurisdiction: cases that can be heard ONLY in federal courts. Concurrent jurisdiction: both State and federal courts can hear these cases. Congress requires involvement of at least $75,000 in a case of diverse citizenship to reach federal courts This is to ensure neutrality in cases between states for example Plaintiff: person who files suit; they must bring the case to State or federal court Defendant: person whom the complaint is against; can have the trial moved to federal district court under special circumstances

TYPES OF JURISDICTION Original jurisdiction-court in which a case is first heard Appellate jurisdiction- a court that hears a case on appeal from a lower court They can uphold, overrule, or modify the decision from the lower court County courts have original jurisdiction District courts have original jurisdiction Appellate courts have…appellate Supreme court has both

JUDICIAL APPOINTMENTS President appoints, Congress confirms or denies 94 district courts Supreme Court Senatorial courtesy What types of people?

JUDICIAL RESTRAINT Judicial restraint- judges try to decide cases based on: (1) original intent of those who wrote the Constitution or the statute(law) (2) precedent—or what other judges have decided before them

JUDICIAL ACTIVISM Judges should interpret the law in light of the ongoing changes in the values of American society Think civil rights and technology concerns

JUDICIAL TERMS Judges in federal courts are appointed for life They either resign, die, or retire there are no term/age limits Colorado State judges can serve until they are 72. Judges are retained by voters at the end of their term.  County court- unlimited 4 yr terms  District court-unlimited 6 yr terms  Appellate courts-unlimited 8 year terms  Supreme Court of Colorado-unlimited 10 yr terms

LIFE TERMS What is the reasoning behind allowing Federal judges to rule so long? Opposite view Why do you think Colorado passed age limits?

IMPEACHMENT 13 Federal judges have been impeached and seven were convicted and removed

SPECIAL COURT APPOINTMENTS Those who hear cases in many of the Special courts serve 15 year terms Washington DC judges and Superior Court judges serve 4 year terms DC’s District Court of Appeals- 8 yr terms

SALARIES AND BENEFITS May retire at 70 as long as they have served 10 years Then they get their full salary for the rest of their lives May retire at 65 after 15 years of service

US MARSHALLS They are basically the County Sherriff deputies of the District Court system