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Published byDominick Martin Modified over 8 years ago
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Powers of the Federal Courts Ch. 11
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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)
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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
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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
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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
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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
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