1. THE NATIONAL JUDICIARY
Week One Notes

2. THE CREATION
Under the Articles of Confederation ( ), there was no national courts or national judiciary. The laws of the land were interpreted and applied as each state saw fit & sometimes not at all.
Incidents that occurred in two different states created conflict. States tended to ignore each other’s courts and one would have to deal with it if the other refused.
The Framers of the Constitution created a National Judiciary for the United States in a single sentence of the Constitution to fix this growing problem under the Articles.
“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.” -Article 3, Section 1

3. DUAL COURT SYSTEM
There are two separate court systems in the United States.
The National Judiciary expands across the U.S. with over 100 courts.
Each of the 50 states has their own court system and amounts to over a thousand separate courts.
For the large majority, the cases heard in state courts stay in those courts. Very rarely are they taken to federal courts.

4. TWO KINDS OF FEDERAL COURTS
The Constitution established the Supreme Court and allowed Congress to establish other inferior courts deemed necessary.
Over the years, Congress has established two distinct types of courts. The Constitutional Courts and the Special Courts.

5. CONSTITUTIONAL COURTS
Constitutional Courts are federal courts formed under Article 3 to exercise “The Judicial Power of the United States”.
These courts include not only the Supreme Court, but the court of appeals, district courts, and the U.S. Court of International Trade.
These forms of courts are called the regular courts or even the Article 3 courts.

6. SPECIAL COURTS
Created by Congress to hear cases arising out of some of the expressed powers given to Congress through Article 1, Section 8.
These courts hear a narrower range of cases than those that may come before Constitutional Courts.
These special courts are also called legislative courts and sometimes Article 1 courts.
Today, these court systems include the U.S. Court of Appeals for the Armed Forces, the U.S. Court of Appeals for Veteran Claims, the U.S. Court of Federal Claims, the U.S. Tax Court, various territorial courts, and the courts of the District of Columbia.

7. FEDERAL COURT JURISDICTION
Jurisdiction: the authority of a court to hear (to try and decide) a case.
Recall how most cases are heard in state courts? Federal courts can only hear cases if either because of the subject matter or the parties involved in the cases.
Federal Courts will often get involved if the case involves a “federal question”. This is to ensure national supremacy.
Parties that are directly associated to a state, country, or the U.S. itself will be heard by federal courts.

8. TYPES OF JURISDICTION
Exclusive Jurisdiction: cases that can only be tried to the federal courts (Ex: person charged with fed. crime).
Concurrent Jurisdiction: Cases that can be tried in either state or federal courts. Both share the power (Ex: Disputes between citizens of separate states).
Plaintiff: The person who files the suit.
Defendant: The person whom the complaint is made against.
Original Jurisdiction: The court in which hears the case 1st.
Appellate Jurisdiction: A court that hears a case on appeal from a lower court.
The Supreme Court can exercise both original and appellate jurisdiction.

9. FEDERAL JUDGES
“The President shall nominate, and by and with the Advice and Consent of the Senate, shall appoint...Judges of the supreme court…” Article 2, Section 2, Clause 2
The President almost always selects a federal judge that is recommended by senators from that state.
There is no age, residence, or citizenship requirement or to even have a background in law.
The majority of current judges have backgrounds in politics or law. Once picked, a judge is there for life unless resigning or retiring.

10. JUDICIAL PHILOSOPHY VOCAB
Judicial Restraint: Believe that judges should decide cases on the basis of the original intent of framers or those who enacted the statutes involved in the case.
Precedent: A judicial decision that serves as a guide for settling later cases of similar nature.
Judicial Activism: argue that provisions in the Constitution and in the statute law should be interpreted and applied in the light of ongoing changes and conditions and values.

11. TERMS AND PAY OF JUDGES
Like previously stated, once a judge is put into office they remain in term until they resign, retire, or die. They also can be impeached.
The pay of judges can never be lowered from the original amount.
Judges in special courts are named to terms that last 8-15 years and may be reappointed.
In D.C., Superior Judges are chosen for four year terms and on the court of appeals, 8 year terms.
Judges may retire at the age of 70 if they have served 10 years and 65 if they have served 15 years. With that, they can recieve full salary until they pass away.

12. COURT OFFICERS
Federal judges have little involvement in day to day administrative processes.
Primary mission? Hear and decide cases.
Various other positions provide support services for Court Officers.
Magistrates: Eight year terms.
Bankruptcy judge: Fourteen year terms.
President and Senate must appoint the U.S. Attorney and also selects the U.S. Marshal.
Both U.S. Attorneys and U.S. Marshals serve four year terms.

13. HOMEWORK Paper Assignment:
Write a 2-3 page opinion paper on the benefits of having a
national judiciary or take the opposing side and argue the
benefits of not having such a system in place.