1. CHAPTER 18 THE FEDERAL COURT SYSTEM
CH THE NATIONAL JUDICIARY
AMERICAN GOVERNMENT

2. CREATION OF A NATIONAL JUDICIARY
During Articles of Confederation ( ) there was no national court system
“Laws are a dead letter without courts to expound and define their true meaning and operation”— Alexander Hamilton
National Judiciary created in the Constitution Article III, Section 1
Congress is also given the power to create (and remove) inferior courts (Article I, Section 8, Clause 9)

3. A DUEL COURT SYSTEM
Two separate court systems
1 National Judiciary & 50 state judiciaries
TWO KINDS OF FEDERAL COURTS
INFERIOR COURTS—lower courts beneath the Supreme Court
1) constitutional courts
Created by Article III to exercise “the judicial Power of the USA”

4. These courts now include courts of appeal, district courts, and the U
These courts now include courts of appeal, district courts, and the U.S. Court of International Trade
2) Special Courts
Created by Congress because of expressed powers given to Congress by Article I
Ex.—US Court of Appeals for the Armed Forces, US Court of Appeals for Veterans Claims, etc.

5. FEDERAL COURT JURISDICTION
JURISDICTION—the authority of a court to hear (to try and to decide) a case.
Federal courts hear cases based on either subject matter or Parties involved (chart p. 508)
All cases that are not heard by the federal courts become the jurisdiction of the state courts.

6. TYPES OF JURISDICTION EXCLUSIVE AND CONCURRENT JURISDICTION
EXCLUSIVE—cases that can only be heard by federal courts
Ex.—a case involving an ambassador or other official from a foreign country; trial of a person charged with a federal crime
CONCURRENT—cases that can be tried in either federal or state courts

7. ORIGINAL AND APPELLATE JURISDICTION
ORIGINAL—a court in which a case is first heard
APPELLATE—a court that hears a case on appeal from a lower court
Court of Appeals can either uphold the ruling of the lower court or modify the decision
The Supreme Court has both original and appellate jurisdiction

8. APPOINTMENT OF JUDGES
Constitution sets procedure for appointing judges (Article II, Section 2, Clause 2)
President can appoint anyone to the federal bench that the Senate will confirm
Presidents usually pick someone from their political party or ideology

9. TERMS AND PAY OF JUDGES
Article III, Section 1 states the term of office for all judges
“The judges…shall hold their offices during good behavior…”
They may be removed through the impeachment process
13 federal judges have been impeached, 7 convicted and removed
Article III, Section 1 states that federal judges “shall, at stated Times, receive for their services, a compensation which shall not be diminished during their continuance in office”

10. COURT OFFICERS
Judges spend the majority of the time hearing and deciding cases
People appointed include clerks, deputy clerks, bailiffs, court reporters, and stenographers, probation officers, and others
Each federal district has at least one bankruptcy judge
President and Senate appoint US attorneys, US Marshalls, and other officers for each district
THE END