Powers of the Federal Courts Ch. 11

I. The National Judiciary A. Creation of National Judiciary  None made with the Articles of Confederation  Hamilton  need one to interpret and define the Constitution  Dual Court System created  Federal courts (national judiciary)  State courts  Types of Federal Courts  INFERIOR COURTS (courts below the Supreme Court)  Constitutional courts: take regular cases and interpret Constitution and laws  Includes appellate and district courts  Special courts: “legislative courts”  SUPREME COURT (highest court in the land)

I. The National Judiciary B. Federal Court Jurisdiction  Jurisdiction: authority of a court to hear a case C. Types of Jurisdiction  Exclusive v. Concurrent Jurisdiction  Exclusive  only heard by federal courts  Concurrent  heard by state and/or federal courts  Original v. Appellate Jurisdiction  Original  where case is first heard  a.k.a. district courts  Appellate  case heard on appeal from lower courts  a.k.a. court of appeals

I. The National Judiciary D. Appointment of Judges  President nominates federal judges with the consent of Senate E. Terms of Judges  Appointed for life  only removed if impeached  Special court judges  15 years  Appellate judges  8 years

II. Inferior Courts A. District Courts  94 courts total  80% federal caseload  Federal Judicial Districts  89 in states; other 5 in territories  Some states get more than 1 court  District Court Jurisdiction  Have original jurisdiction in most cases heard at federal level  Hear 2 types of cases:  Criminal case: defendant tired for an offense that Congress defines as federal crime  Civil case: non-criminal  dispute  EX: bankruptcy, tax, civil rights, labor relations  Only federal courts to regularly use grand and petit juries

II. Inferior Courts B. Appellate Courts (Court of Appeals)  12 courts total  “Gatekeepers” to relieve Supreme Court from appeals  Appellate Court Judges  Each gets a few judges and 1 Supreme Court justice to watch over it  Appellate Court Jurisdiction  Courts have ONLY appellate jurisdiction  Most decisions final unless Supreme Court takes appeal from them