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Unit 5 The Judicial Branch
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Chapter 18 The Federal Court System
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The National Judiciary
Structure Types of Jurisdiction Dual court system Federal Courts/State Courts Supreme Court Article III, Section 1 Constitutional courts 94 district courts 12 US Courts of Appeals US Court of Appeals for the Federal Circuit US Court of International Trade Concurrent jurisdiction Tried at both local and federal level Exclusive jurisdiction Only tried at federal level Original jurisdiction Created by Congress Article III Court where case is originally heard
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The National Judiciary
Structure Types of Jurisdiction Special courts US Court of Federal Claims US Tax Court Territorial Courts US Court of Appeals for the Armed Forces Courts of the District of Columbia US Court of Appeals for Veterans Claims Appellate jurisdiction Created by Congress Expressed powers Article I, Section 8 Hears case on appeal from lower court Plaintiff—person that files suit Defendant—person against whom claim is made
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Jurisdiction—power to try and decide cases; literally “to say the law”
Subject matter “federal question” Parties involved US Ambassador A State Citizen of one state suing citizen of another state US citizen suing foreign government Citizen suing citizen in same state over land grants from other states
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POTUS appoints federal judges with Senate confirmation
Judicial philosophy Judicial restraint/judicial activism—how they interpret the Constitution (your opinion?) Precedent—decision that serves as a guide for settling later cases of a similar nature SCOTUS judges (and Constitutional Court, but NOT Special Court) are appointed for life Serve until resign, retire, or die Only removed through impeachment
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How a Judge decides a case:
Facts of the case Relevant precedent Text of the Constitution Judicial philosophy
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The Inferior Courts Structure Jurisdiction District courts Courts of appeals Court of International Trade Original jurisdiction Appellate jurisdiction within circuit Original jurisdiction on trade issues Docket—list of cases to be heard 13 courts of appeals in federal judiciary
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Symbol for Justice: Blindfolded Lady holding a balanced scale—represents equal justice under the law
Judicial Review Established in Marbury v. Madison, 1803 Supreme Court may declare laws unconstitutional Jurisdiction Original on cases involving States or public ministers Appellate most common How cases reach Court Writ of certiorari SCOTUS calls case up from lower court Certificate Lower court unsure of how to rule of law applies
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How Court operates Reviews briefs Hears oral arguments Meets in conference Announces decision, with one or more written opinions Opinion of the Court—majority opinion Concurring Opinion—written by one or more judges on majority side Agree with outcome but for different reasons Dissenting Opinion—written by those justices that disagree with majority
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Previous years as a Judge
Justice Party Affiliation Age when appointed Appointed by (year) Previous years as a Judge Chief Justice, John Roberts R 50 GW Bush (2005) 2 Antonin Scalia (recently deceased) R Reagan (1986) 4 Anthony Kennedy 51 Reagan (1988) 13 Clarence Thomas 43 GHW Bush (1991) Ruth Bader Ginsburg D 60 Clinton (1993) Stephen Breyer 55 Clinton (1994) 14 Samuel Alito GW Bush (2006) 16 Sonia Sotomayor Obama (2009) 17 Elena Kagan Obama (2010)
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