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1 Ch. 18 - The National Judiciary 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” Judiciary Act of 1789 - Created the federal district courts to help complete the Judicial Branch Federal District Courts - 94 total Where most federal trials begin and end In all 50 states, DC, U.S. territories More than 600 judges handle 300,000 cases annually
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2 Where would go for your federal trial?
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3 Federal District Court, Cleveland
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4 Ch. 18 - The National Judiciary 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” Judiciary Act of 1789 - Created the federal district courts to help complete the Judicial Branch Federal District Courts - 94 total Where most federal trials begin and end In all 50 states, DC, U.S. territories More than 600 judges handle 300,000 cases annually
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5 Jurisdiction - Authority of a court to hear and decide a case Federal Courts have jurisdiction over federal law, constitutional issues, or cases involving a state United States attorney - Appointed to each district court to prosecute crimes against the U.S. or defend the U.S. Federal Courts of Appeals - 13 total Next step up from District Court - 1891 11 regional Courts - 1 DC Circuit - 1 Federal Circuit Nearly 200 judges hear more than 40,000 cases annually
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7 Jurisdiction - Authority of a court to hear and decide a case Federal Courts have jurisdiction over federal law, constitutional issues, or cases involving a state United States attorney - Appointed to each district court to prosecute crimes against the U.S. or defend the U.S. Federal Courts of Appeals - 13 total Next step up from District Court - 1891 11 regional Courts - 1 DC Circuit - 1 Federal Circuit Nearly 200 judges hear more than 40,000 cases annually http://www.uscourts.gov/FederalCourts/UnderstandingtheFederal Courts/CourtofAppeals.aspx
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10 Special Courts - Part of Federal court system but deal with specific issues - Court of Military Appeals, International Trade, U.S. Tax Court U.S. Supreme Court - Only court specifically created by the U.S. Constitution The 9 member court is the last resort for all cases Has both original and appellate jurisdiction Original jurisdiction: 1. Cases in which a state is involved 2. Cases involving ambassadors, other public ministers
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11 Path to the Supreme Court U.S. Supreme Court State U.S. Court Court of Military Supreme Courts of Appeals (13) Appeals Lower U.S. District Courts (94) Courts Martial State Courts & Special Courts
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16 Special Courts - Part of Federal court system but deal with specific issues - Court of Military Appeals, International Trade, U.S. Tax Court U.S. Supreme Court - Only court specifically created by the U.S. Constitution The 9 member court is the last resort for all cases Has both original and appellate jurisdiction Original jurisdiction: 1. Cases in which a state is involved 2. Cases involving ambassadors, other public ministers
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23 Inside The Supreme Court
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24 NameAppt. byCollegeLaw school John G. RobertsG.W. BushHarvard Antonin ScaliaReaganGeorgetownHarvard Anthony KennedyReaganStanfordHarvard Clarence ThomasG. BushHoly CrossYale Ruth Bader GinsburgClintonCornellColumbia Stephen BreyerClintonStanfordHarvard Samuel AlitoG.W. BushPrincetonYale Sonia SotomayorObamaPrincetonYale Elena Kagan Obama Princeton Harvard http://www.supremecourt.gov/
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25 Judicial Review - Power to decide the constitutionality of an act of government Chief Justice John Marshall - Marbury vs. Madison - 1803 Precedent - The Court’s ruling, that sets the standard for future cases Judiciary Act of 1925 - Expanded Supreme Court’s power to choose its cases Nearly 15,000 cases appealed to the Supreme Court annually Court hears and rules on approximately 150
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26 Writ of Certiorari - Latin - “to be made more certain” Order by Supreme Court to send up a case for review Briefs - Documents filed with the Court by lawyers of parties involved Explains the facts & precedents supporting their side Conference - Closed meeting of the justices to consider the cases they have heard and determine which new cases they will accept
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28 Writ of Certiorari - Latin - “to be made more certain” Order by Supreme Court to send up a case for review Briefs - Documents filed with the Court by lawyers of parties involved Explains the facts & precedents supporting their side Conference - Closed meeting of the justices to consider the cases they have heard and determine which new cases they will accept Rule of Four - Four of the nine Justices must vote to accept a case
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29 Opinion of the Court - Majority opinion announcing the decision of the Court and the rationale on which it is based Concurring Opinion - Justices in the majority may add their own opinion or rationale - agree with the decision but for different reasons Dissenting Opinion - Written disagreement with Court’s decision by Justice in the minority - explain why they opposed the decision of the Court
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30 Judicial Ideologies: Judicial Restraint - Court should not attempt to make social change through it’s decisions - stick to what is written in Constitution (conservative) Judicial Activism - Court should play an active role in society by using its decisions for positive change (liberal)
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31 Selection of Federal Judges and Supreme Court Justices - “The President... by and with the advice and consent of the senate, shall appoint... Supreme Court Justices, all other officers of the United States” Art. II, Sect. 2 “shall hold their offices during good behavior” Art. III, Sect. 1
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32 The End
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