I. The National Judiciary

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Presentation transcript:

I. The National Judiciary

A. Dual Court System 1) National Judiciary System w/ More than 100 courts 2) Each state also has its own court system

B. Federal Court System 1) Constitutional Courts -Article III of Constitution -Exercise Judicial Power of U.S. 2) Special Courts -AKA Legislative Courts

C. Types of jurisdiction 1) Exclusive Jurisdiction -Cases only heard in Federal Courts 2) Concurrent Jurisdiction -Tried in either a state or fed. court

C. Types of jurisdiction 3) Original Jurisdiction -Where the case is first heard 4) Appellate Jurisdiction -a court hears a case on appeal from a lower court

D. Appointment of Judges 1) The President nominates Federal Judges with the consent of the Senate 2) Judges of Constitutional Courts are appointed for life (until they resign, retire, or die) 3) Judges of Special Courts serve actual terms

II. The Inferior Courts

A. District Courts 1) 50 States divided into 89 Fed. districts, and there are districts for D.C., Puerto Rico, Virgin Islands, Guam, and the Northern Mariana Islands 2) Hear both criminal and Civil Cases 3) Decisions are usually final

B. Courts of Appeals 1) “Gatekeepers” to relieve the Supreme Court

B. Courts of Appeals 3) Have only appellate jurisdiction -Hear cases on appeal from lower federal courts 4) Decisions are final unless the Supreme Court chooses to hear appeals

III. The Supreme Court

A. Supreme Court 1) Article III of the Constitution 2) Made up of Chief Justice of the U.S. and 8 associate Justices

B. Judicial Review 1) ESTABLISHED BY MARBURY V. MADISON (1803) 2) Supreme Court can establish constitutionality of an act of gov’t 3) Constitution is supreme law of the land

C. Supreme Court Jurisdiction 1) Only hear original cases when 1) a State is a party or 2) it involves an ambassador, public minister, or consul 2) Otherwise they hear appellate cases

d. How Cases Reach the Court

E. How the Court Operates 1) Oral Arguments -Hear 30-min presentations on cases they accepted 2) Briefs -Written documents detailing statements in support of one side of a case including facts and previous cases

E. How the Court Operates 3) The Court in Conference -Chief Justice presides -Each justice summarizes his/her views -Then the case is debated

E. How the Court Operates 4) Opinions -Majority Opinion = the Opinion of the Court that states the decision and reasoning -Written opinions stand as precedents, or examples, for future cases

E. How the Court Operates 4) Opinions -Concurring Opinion = adds or emphasizes a point not made in the majority opinion -Dissenting Opinion = written by a justice that doesn’t agree with the majority

IV. The Special Courts

A. Special Courts 1) The Court of Federal Claims 2) The Territorial Courts 3) The District of Columbia Courts 4) The Court of Appeals for the Armed Forces

A. Special Courts 5) Military Commissions 6) The Court of Appeals for Veterans Claims 7) The United States Tax Court