1. Agenda 1. Warm-Up 3. The National Judiciary
4. Federalism and the Courts

2. The National Judicary

3. Creation of a National Judiciary
During Article of Confederation years, national laws were interpreted by States
Article III Section 1 created SCOUTS and gave Congress authority to create inferior courts
Lower federal courts beneath
Constitutional courts formed under Article III
Special courts hear cases arising out of Congress powers

4. Federal Court Jurisdiction
Constitutional courts have jurisdictions over most cases tried in federal courts
Authority to hear and try a case
Certain subject matter and parties involved give federal courts jurisdiction over a case
All cases not heard in federal courts are jurisdiction of the states

5. Types of Jurisdiction

6. Appointment of Judges
According to Article II Section II Clause 2 the POTUS nominates judges with approval of Senate
Qualified person’s who share similar political ideology and views nominated
Judicial restraint refers to judges should try cases basis
The original intent of the constitution or law
Precedent (previous decisions in proir cases)
Judicial activist think judges should act more boldly

8. District Courts Handle about 80% of the federal case load
50 states divided into 89 districts + 5 others
Have original jurisdiction over most federal court cases
Hear criminal (defendant charged w/ federal crime) and civil (dispute over a noncriminal matter) cases

9. Court of Appeals Act as gatekeepers of the Supreme Court
Relive SCOTUS of burden of hearing to many cases
Most times 3 judges will hear case, for rare important cases all will
Have ONLY appellate jurisdiction after District Courts hear case