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Court System Confusion! The National Judiciary. History 101. Article of Confederation offered no national courts/ national judiciary Up the the states individually Decision between different states? People in different states? Confusion and Problem One of the MANY reasons we
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History 101 • Article of Confederation offered no national courts/ national judiciary • Up the the states individually • Decision between different states? People in different states? Confusion and Problem • One of the MANY reasons we Articles of Confederation And create the constitution-
So… • “Laws are a dead letter without courts to expound and define their true meaning and operation” –Alexander Hamilton • “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 Meaning: Article III of constitution gives judicial branch its power, and one of the “checks” legislative branch has over the judicial branch is its ability to create inferior courts
Constitutional Courts • These are FEDERAL courts that Congress has formed • Also called “Regular Courts” • Include: • 94 District Courts • 12 US Courts of Appeals • US Court of Appeals for the Federal Circuit • US Court of International Trade
Special Courts • Also called “Legislative” Courts • Created by Congress • Hear cases arising out of some expressed powers given to Congress in Article I. • Hear much narrower cases than Const. Courts • Include: • US Court of Federal Claims • Territorial Courts • Courts of District of Columbia • US Tax Court • US Court of Appeals for the Armed Forces • US Court of Appeals for Veterans Claims
What is “Jurisdiction?” • “To say the law” • The authority of court to hear (try and decide) a case. • What makes a case FEDERAL cases?
Dollar Words (KEY TERMS!) • Plaintiff- person who files the suite, brings about the case • Defendant- person whom the complain is against • Original Jurisdiction: means that court heard the case first • Appellate Jurisdiction: hearing the case not first, may be a higher court, court of APPEALS- may overrule/modify decision • Exclusive jurisdiction: case can ONLY be heard in federal courts (exclusive)! • Concurrent jurisdiction: federal and state courts SHARE power to hear those cases.
Who serves on these courts? • Article II of the Constitution gives who the power to appoint Judges? • Judges on Supreme Court PLUS Judges in each of the inferior courts = just under 1000 people! • However the SENATE is also a major part of the selection process, senatorial courtesy. • Leading attorneys, legal scholars, law school professors, former members of congress, State Court judges • Party influences!
High Stakes! • Usually deciding questions of public policy • Judicial Restraint vs. Judicial Activism • Two ideas of how judges should conduct themselves • RESTRAINT: Original Intent of the Constitution and Precident • ACTIVISM: bold actions, law should be applied in the light of ongoing changes Which would Thomas Jefferson side with? Alexander Hamilton?
Why? • Why appointed and not elected? • Why serve LIFE terms? • Why does the President appoint Judges? • Why do we have “state” crimes and “federal”?