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The Judicial Branch
Chapter 18
THE NATIONAL JUDICIARYSection 1
Creation of a National Judiciary
• During Articles of Confederation there were no national courts and no judicial power for the federal government.– States interpreted laws from the national
government.– NO uniformity
• Framers of Constitution knew their should be a national judicial authority to solve these problems.
Structure of the Court System
• Article III of the Constitution– Judicial authority vested in a Supreme Court– Congress creates inferior courts
• Dual court system– Judicial authority exists at both the federal and at the state
levels.• Two kinds of federal courts
– Constitutional Courts• Courts created to exercise the judicial power of the U.S.
– Special or Legislative Courts• Created with a specific purpose to carry out the expressed powers of
Congress.
Federal Court Jurisdiction
• Jurisdiction is the authority of a court to hear and decide a case.
• Federal courts have jurisdiction over certain cases.– Depends on the subject matter or the parties
involved.• Subject matter: a federal question.• Parties involved: U.S. itself, ambassadors or foreign
representatives, the states or foreigners, foreign governments.
Types of Jurisdiction• Exclusive v. Concurrent jurisdiction
– Exclusive - can only be heard in federal court.• Cases falling under the direct authority of only the federal
government .
– Concurrent - can be heard in either state or federal courts.• Cases between clients from different states.
• Original v. Appellate jurisdiction– Original jurisdiction - court has the right to hear the case
first• The facts of the case are heard and evidence is presented.
– Appellate jurisdiction - the court is deciding whether the law was applied and procedures were followed properly.• Can override, modify, or uphold a lower courts decision
Federal Judges• The Selection of Judges– Appointed by the President of the United States and
confirmed by the U.S. Senate.• Attorney General, Judiciary Committee.
– Constitution does not set any formal requirements for federal judges.
• Judicial Philosophy– Judicial restraint (narrow interpretation)
• Original intent and precedent weigh heavily on justices’ decisions.
– Judicial activism (broad interpretation)• Constitution and statutes should be interpreted and applied in
light of societal developments.
Court Officers
• Support Staff: Clerks, deputy clerks, bailiffs, court reporters, stenographers, probation officers, etc…
• U.S. magistrates– Issue warrants, hear evidence to decide if case should
be brought before grand jury, set bail.• Bankruptcy Judges• U.S. Attorneys– Prosecute cases for the Federal Government
• U.S. Marshals