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I. The National Judiciary

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Presentation on theme: "I. The National Judiciary"— Presentation transcript:

1 I. The National Judiciary

2 A. Dual Court System 1) National Judiciary System w/ More than 100 courts 2) Each state also has its own court system

3 B. Federal Court System 1) Constitutional Courts
-Article III of Constitution -Exercise Judicial Power of U.S. 2) Special Courts -AKA Legislative Courts

4 C. Types of jurisdiction
1) Exclusive Jurisdiction -Cases only heard in Federal Courts 2) Concurrent Jurisdiction -Tried in either a state or fed. court

5 C. Types of jurisdiction
3) Original Jurisdiction -Where the case is first heard 4) Appellate Jurisdiction -a court hears a case on appeal from a lower court

6 D. Appointment of Judges
1) The President nominates Federal Judges with the consent of the Senate 2) Judges of Constitutional Courts are appointed for life (until they resign, retire, or die) 3) Judges of Special Courts serve actual terms

7 II. The Inferior Courts

8 A. District Courts 1) 50 States divided into 89 Fed. districts, and there are districts for D.C., Puerto Rico, Virgin Islands, Guam, and the Northern Mariana Islands 2) Hear both criminal and Civil Cases 3) Decisions are usually final

9 B. Courts of Appeals 1) “Gatekeepers” to relieve the Supreme Court

10 B. Courts of Appeals 3) Have only appellate jurisdiction
-Hear cases on appeal from lower federal courts 4) Decisions are final unless the Supreme Court chooses to hear appeals

11 III. The Supreme Court

12 A. Supreme Court 1) Article III of the Constitution
2) Made up of Chief Justice of the U.S. and 8 associate Justices

13 B. Judicial Review 1) ESTABLISHED BY MARBURY V. MADISON (1803)
2) Supreme Court can establish constitutionality of an act of gov’t 3) Constitution is supreme law of the land

14 C. Supreme Court Jurisdiction
1) Only hear original cases when 1) a State is a party or 2) it involves an ambassador, public minister, or consul 2) Otherwise they hear appellate cases

15 d. How Cases Reach the Court

16 E. How the Court Operates
1) Oral Arguments -Hear 30-min presentations on cases they accepted 2) Briefs -Written documents detailing statements in support of one side of a case including facts and previous cases

17 E. How the Court Operates
3) The Court in Conference -Chief Justice presides -Each justice summarizes his/her views -Then the case is debated

18 E. How the Court Operates
4) Opinions -Majority Opinion = the Opinion of the Court that states the decision and reasoning -Written opinions stand as precedents, or examples, for future cases

19 E. How the Court Operates
4) Opinions -Concurring Opinion = adds or emphasizes a point not made in the majority opinion -Dissenting Opinion = written by a justice that doesn’t agree with the majority

20 IV. The Special Courts

21 A. Special Courts 1) The Court of Federal Claims
2) The Territorial Courts 3) The District of Columbia Courts 4) The Court of Appeals for the Armed Forces

22 A. Special Courts 5) Military Commissions
6) The Court of Appeals for Veterans Claims 7) The United States Tax Court


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