The Judicial Branch Federal Courts

Today in Class Take out your quick and dirty notes (homework from last night) Take your phone and sign on to socrative.com Put in the room number a72c5ed9 Outline of Judicial Branch Notes Homework (work on in class) Return graded tests

Characteristics of the Federal Court System Adversarial: 1.A court provides an arena for two parties to bring their conflicts before an impartial judge or judges 2.The plaintiff brings the charge (makes the complaint) 3.The defendant is the one being charged or sued Passive: 1.Federal judges are restrained by the Constitution to deciding actual disputes under the Constitution or Law rather than hypothetical ones 2.The judiciary is thus a passive branch of government that depends on others to take the initiative (file a charge or suit)

The Dual Court System Based on Federalism (separate government systems) Each of the 50 states has its own system of courts Over 97% of all criminal cases are heard at the state and local level The federal judiciary is entirely separate from the state court system

Dual Court System Federal Courts and State Courts Exclusive and Concurrent Jurisdiction Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction. Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction. Original and Appellate Jurisdiction A court in which a case is first heard is said to have original jurisdiction over that case. A court that hears a case on appeal from a lower court has appellate jurisdiction over that case. The Supreme Court exercises both original and appellate jurisdiction.

Constitutional Creation Article III Section 1: “The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish” Article III created the Supreme Court Congress created all lower or inferior federal courts 1. Constitutional Courts 2. Special Courts (legislative)

Created by Article III of the Constitution Created by Congress 10 Total

Appointment of Judges The President nominates federal judges, who are then subject to the approval of the Senate No Constitutional Qualifications: Most federal judges are attorneys, legal scholars and law school professors, former members of Congress, and State courts judges

Removing Federal Judges Article III Section 1: “The judges, both of the supreme and inferior courts, shall hold their offices during good behavior…” Supreme Court justices and judges on the constitutional courts serve life terms Judges on the special or legislative courts serve 15 year terms Federal Judges may be removed by the impeachment process (Congress) Only 13 federal judges have ever been impeached, and of them, 7 were convicted and removed.

Judicial Pay Congress determines salaries for federal judges Salary cannot be reduced Chief Justice of the United States: $223,500 Associate Justices of the Supreme Court: $213,900 Courts of Appeals Judges: $184,500 District Court Judges: $174,000 Court of International Trade Judges: $174,000 As of 2012

Judicial Perks May retire at age 70, and if they have served at least 10 years, receive full salary for the rest of their lives May retire at age 65, after at least 15 years service, and receive full salary for the rest of their lives 80 Rule