2 The National Judiciary (National Court System) The Framers of the Constitution created a national judiciary for the United States in a single sentence in the Constitution:“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 III, Section 1
3 Dual court systemThe United States has what is known as the dual court system: there are state and federal courts.The national judiciary spans the country with more than 120 courtsEach of the 50 states has its own system of courts and may well run into the thousands.State courts hear most of the cases in this country
4 The United States Dual Court System You may take 2 routes to get to the Supreme Court! 1. Federal Court system 2. State Court systemFEDRALSTAE
5 Types of federal courts U.S. SUPREME COURTINFERIOR COURTSConstitutional Courts:94 District Courts12 U.S. Courts of AppealsU.S. Court of Appeals for the Federal CircuitU.S. Court of International TradeSpecial Courts:U.S. Court of Federal ClaimsTerritorial CourtsCourts of the District of ColumbiaU.S. Tax CourtU.S. Court of Appeals for the Armed ForcesU.S. Court of Appeals for Veterans Claims
6 Federal court jurisdiction The Constitutional Courts hear most of the cases tried in the federal courts. These courts have jurisdiction over most federal cases.Jurisdiction- the authority of the court to hear (to try and decide) a case.Article III, Section 2 provides that the federal courts can hear a case because of eitherThe subject matter orThe parties involved
7 Types of jurisdictionOriginal jurisdiction is in a court in which the case is first heard (actual trial).Appellate jurisdiction is in a court that hears a case on appeal (review) from a lower court.The higher court-the appellate court- may uphold, overrule, or modify the decision appealed from the lower courtSupreme CourtCourt of AppealsUS District CourtBoth Original and AppellateAppellate jurisdictionOriginal jurisdiction
8 Plaintiff vs. defendant A plaintiff is a person who files suit (usually the person the crime hurt).A defendant is the person whom the complaint is against (person accused of committing a crime).
9 Appointment of judgesThe Constitution declares that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… Judges of the Supreme Court…”Article II, Section II, Clause 2Congress has provided the same procedure forthe selection of all other federal judges.
10 Appointment of judgesCongress has provided the same procedure for the selection of all other federal judges.The Senate has a major part in the selection of all federal judges, especially those that sit in the nation’s 94 district courts.The unwritten rule is that the President almost always selects someone the senators from the State recommend.
11 Terms and pay of judges“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”Judges of the constitutional courts are appointed for life until they are impeached, resign, retire, or die in office. But they can be ANY age!They may be removed only through the impeachment process. Only 13 federal judges have been impeached and only 7 were convicted and removed by the Senate.
12 US District Court (trial) Terms and pay of judgesSupreme Court$223,500 or $213,900Court of Appeals$184,500US District Court (trial)$174,000