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The Judicial Branch

The Judicial Branch. Chapter 18. Part 1. What is the US Court System?. Basic Vocabulary. Jurisdiction : the limits or territory within which authority may be exercised Circuit : The area or district covered under the jurisdiction of a judge Plaintiff : person who files the suit

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The Judicial Branch

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  1. The Judicial Branch Chapter 18

  2. Part 1 What is the US Court System?

  3. Basic Vocabulary • Jurisdiction: the limits or territory within which authority may be exercised • Circuit: The area or district covered under the jurisdiction of a judge • Plaintiff: person who files the suit • Defendant: person whom the complaint is against • Docket: list of cases to be heard in a court • Appeals: The transfer of a case from a lower to a higher court for a new hearing • Habeas Corpus: “unlawful detention” a person under arrest must be seen by a judge. • Writ: Legal action

  4. Types of Jurisdiction • Exclusive: • Cases only heard in either the State or Federal Courts • Concurrent: • Cases that can be heard in either the State or Federal Courts • Original: • The court in which a case is first heard • Appellate: • A court that hears a case on appeal from a lower court

  5. 2 Separate Court systems in the US National/Federal 120 Courts throughout the Country State Each state has their own system They hear most of the cases

  6. Federal vs. State Jurisdiction

  7. Federal Courts broken down further

  8. Constitutional Courts • Federal courts that Congress has formed under Article III • “Judicial Power of the United States” • Includes: • 94 District Courts • 12 US Courts of Appeals • US Courts of Appeals for the federal Circuit • US Court of International Trade

  9. Special Courts • Created to hear cases arising out of the expressed powers of congress • More narrow range • Includes: • US court of Federal claims • Territorial Courts • Courts of DC • US Tax Court • US Court of Appeals for Armed Forces • US Court of Appeals for veterans claims

  10. Part 2 Judges

  11. Basics • Why does the Judicial branch need to be more or less independent from political parties? • President with the Senates help chooses federal judges • Usually whomever the Senate from the state where the judge will serve is nominated • Anyone can be chosen • Usually: lawyer, legal scholars, law school professors, former members of congress, state court judges

  12. Two types of judges • Judicial activists: • Believe they should use their position to promote desirable social ends • Judicial restraint: • Believes in making decisions judges should defer to the actions of the executive and legislative branch

  13. Terms • Supreme Court Justices serve for life • Removed by impeachment • Constitutional Court Justices serve for life • Removed by impeachment • Special Court Judges serve for a certain term length

  14. Court Officers • Judge: • With clerks, bailiffs, court reporters etc • Magistrate: • Appointed by district court judge (400) • 8 year term • Do smaller things that the judge doesn’t have time for • Bankruptcy Judge: • Each federal district has at least 1 (350) • 14 year term • US attorney: • President and Senate appoints 1 for each district • The Government’s prosecutor

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