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The National Judiciary
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Creation of a National Judiciary
Need for a uniform set of laws Article III – creates the Federal Court System
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Dual Court System 120 federal courts
Each state has their own system of courts (the majority of cases)
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Two kinds of Federal Courts
1. Constitutional Courts- execute judicial power (ex. Lower circuit courts) 2. Special Courts – handle cases relating to expressed powers of Congress (ex. Tax court, territorial courts)
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Federal Court Jurisdiction
1. Subject matter – ex. Constitutional law, US territorial waters 2. parties involved- ex. US officials, state vs. state
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Original and Appellate Jurisidiction
1. original- where the case is first heard 2. appellate- hears the case on appeal
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Appointment of Judges 1. Nominated by the President
2. Approved by the Senate (Senatorial Courtesy)
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Judicial Activism vs. Judicial Restraint
1. Judicial Restraint- cases must be decided on the original meaning intended by the Constitution 2. Judicial Activism- law must be interpreted in a modern setting
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