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Judicial Branch. Framing the Judicial Branch. Constitution No National system under Articles of Confederation Limited set up-really only the Supreme Court Most of the Organization left up to Congress Presidential Appointments (not all positions) Senate authorization Lifetime Appointments.
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Framing the Judicial Branch • Constitution • No National system under Articles of Confederation • Limited set up-really only the Supreme Court • Most of the Organization left up to Congress • Presidential Appointments (not all positions) • Senate authorization • Lifetime Appointments
Rule of Law • Everyone is subject to the Law • Precedent Based Law • Dual Court System • State vs Federal Courts
Constitutional vs Special Courts • Turn to Page 507 • Constitutional Courts- • Special Courts-
Jurisdiction • Original • District Courts • Appellate • Courts of Appeals • Exclusive • Concurrent
Inferior Courts • Criminal and Civil Cases • 94 District Courts • 12 US courts of Appeals • The Court of International Trade • The Court of Appeals for the Federal Circuit • Civil Cases, nationwide jurisdiction
Appeals Process • Pg 514 and page 520
The Supreme Court • Article III • Judicial Review • Marbury v Madison • Original and Appellate Jurisdiction
Getting to the Court • 8000 cases a year appealed to the court • Only hear a few hundred • “The Rule of four” • In brief orders • Less then 100 • Writ of certiorari • Certificate
Opperation • Oral Arguments • Briefs • Court in Conference • Opinions • Majority • Concurring • Dissenting • Precedent