Judicial Branch Background Unit 5

Creation of National Judiciary Dual court system- state court and federal(national) court system. May be tried in either 2 types of federal courts Constitutional courts Special courts

How is federal court jurisdiction decided? Case must fall in one of 2 categories Subject matter is federal Interpretation of Constitution Parties involved in case US or one of agencies Ambassador or representative of foreign gov’t One state suing another

Concurrent v. Exclusive Jurisdiction Exclusive jurisdiction- case can only be heard in federal court Concurrent jurisdiction- case can be heard in either federal or a State court Plaintiff files the case Defendant is who the case is filed against

Original v. Appellate Jurisdiction Court in which a case is first heard- original jurisdiction Supreme Court has SOME original jurisdiction– mostly appellate Court that hears a case on appeal from a lower court- appellate jurisdiction Uphold it Reverse it Send it back for reconsideration Modify the decision

Appointment of Judges President appoints judges with “advice and consent of Senate” Political party has major role in who president appoints

Judicial Activism v. Judicial Restraint Judges should act boldly and interpret the law in light of ongoing changes in conditions and values Judges should have a major role in changes issues involving civil rights and social welfare Judicial restraint Judges should make decisions based on 1. the original intent of Founders that wrote Constitution 2. Precedent- decision should be in line with previous cases Legislators should make laws not judges

Judges Terms Supreme and inferior courts- hold job for life until they resign, retire or die– may be impeached Special courts judges serve for 15 or 8 year terms