1. Judicial Branch Background
Unit 5

2. Creation of National Judiciary
Dual court system- state court and federal(national) court system. May be tried in either
2 types of federal courts
Constitutional courts
Special courts

3. How is federal court jurisdiction decided?
Case must fall in one of 2 categories
Subject matter is federal
Interpretation of Constitution
Parties involved in case
US or one of agencies
Ambassador or representative of foreign gov’t
One state suing another

4. Concurrent v. Exclusive Jurisdiction
Exclusive jurisdiction- case can only be heard in federal court
Concurrent jurisdiction- case can be heard in either federal or a State court
Plaintiff files the case
Defendant is who the case is filed against

5. Original v. Appellate Jurisdiction
Court in which a case is first heard- original jurisdiction
Supreme Court has SOME original jurisdiction– mostly appellate
Court that hears a case on appeal from a lower court- appellate jurisdiction
Uphold it
Reverse it
Send it back for reconsideration
Modify the decision

6. Appointment of Judges
President appoints judges with “advice and consent of Senate”
Political party has major role in who president appoints

7. Judicial Activism v. Judicial Restraint
Judges should act boldly and interpret the law in light of ongoing changes in conditions and values
Judges should have a major role in changes issues involving civil rights and social welfare
Judicial restraint
Judges should make decisions based on
1. the original intent of Founders that wrote Constitution
2. Precedent- decision should be in line with previous cases
Legislators should make laws not judges

8. Judges Terms
Supreme and inferior courts- hold job for life until they resign, retire or die– may be impeached
Special courts judges serve for 15 or 8 year terms