Chapter 18

Section 1

Why Do We Have One? Under the Articles of Confederation, there wasn’t a national judiciary Each state interpreted the law for itself States ignored the ruling of other states

The Dual Court System National system of federal courts State courts in each state – Hear most cases U.S. Supreme Court U.S. Appeals Courts U.S. District Courts State Supreme Courts State Appeals Courts State Circuit Courts

Federal Courts Inferior courts Constitutional courts – Courts of appeals – District courts – U.S. Court of International trade Special courts handle a narrow range of cases

Federal Jurisdiction People or groups who violate the Constitution People or groups who break federal law If foreign nations and ambassadors sue the U.S. or a U.S. citizen If a U.S. citizen sues a foreign government or individual Crimes on federal properties or ships at sea Cases between states or citizens of different states

Types of Jurisdiction Exclusive jurisdiction = only tried in federal court – E.g. cases involving federal taxes Concurrent jurisdiction = can be tried in state or federal court – E.g. lawsuits between people from different states (in which case, the plaintiff gets to choose, and the defendant can ask for a change)

Types of Jurisdiction Original jurisdiction = the court hears a case first – Supreme Court and district courts Appellate jurisdiction = the court hears a case on appeal from a lower court – Supreme Court and appeals courts

Judicial Philosophies Judicial restraint – Considering the Constitution, the intent of the law, and precedent Judicial activism – Open to considering changing values and circumstances Considered in appointments

Terms of Judges Supreme Court justices: – Life term – Can only be removed by impeachment Lower courts: – 8 to 15 year terms Both: – May retire with full pay at 70 if they have served 10 years

Court Officers Magistrates handle minor civil complaints and misdemeanors Bankruptcy judges U.S. District attorneys represent the government U.S. Marshals make arrests and respond to emergencies