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The National Judiciary

The National Judiciary. The Federal Court System Section 1. Creation of a National Judiciary. During the time of the Articles of Confederation (1781-1789), there was no national judiciary. Each state interpreted the law the way they saw fit.

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The National Judiciary

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  1. The National Judiciary The Federal Court System Section 1

  2. Creation of a National Judiciary • During the time of the Articles of Confederation (1781-1789), there was no national judiciary. • Each state interpreted the law the way they saw fit. • The Constitution created the national judiciary through Article III section I

  3. Dual System • There are two judiciaries, which follow closely in line with the idea of federalism • National courts and state courts

  4. Federal Courts • There are also two types of federal courts • 1) The Supreme Court • 2) Inferior Courts, which include lower federal courts beneath the Supreme level • A) Constitutional Courts (District Courts, Court of Appeals) • B) Special Courts (Tax Court, Territorial Courts etc)

  5. Special Courts • Have a much narrower range of what types of cases they can handle • For example, tax courts can obviously only hear cases that are related to federal tax issues. • Another example is the US Court of Appeals for Veteran Claims

  6. Types of Jurisdiction • Exclusive- Cases can only be heard in federal court • Example • Someone charged with a federal crime, trials dealing with states and federal officials

  7. Jurisdiction • The authority of a court to hear a case • The Constitution declares that federal courts may have jurisdiction because of the (1) subject matter or (2) the parties involved. • Ex. • 1)subject matter- A crime committed aboard a ship in US waters • 2)Parties involved- states suing other states

  8. Appointment of Judges • Judges are selected by the President, but must be approved by the Senate. • This includes any nominee to the Supreme Court and all federal district court • Most appointees are legal scholars, attorneys, professors, or former members of Congress

  9. Concurrent Jurisdiction • Cases that can be tried in state and federal court • Ex. Disputes involving citizens of different states

  10. Types of Jurisdiction • Original Jurisdiction- a Court where a case is first heard • Appellate Jurisdiction- A Court that hears a case on appeal from a lower court. Has the ability to uphold or overrule a lower court • The Supreme Court has both original and appellate jurisdiction.

  11. Judicial Activists People who believe that a judge should use his or her position to promote desirable social trends

  12. Judicial Restraint • People who believe that judges decisions should defer to the actions of the executive and legislative branch, except where there is a clear violation of constitutionality.

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