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Published byJeffery Poole Modified over 9 years ago
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The National Judiciary (18.1)
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Dual Court System Federal courts – 120+ federal courts in U.S. State courts – Each state has its own court system
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Federal Court System
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Constitutional Courts U.S. Supreme Court Courts of Appeals U.S. Court of International Trade Constitutional courts exercise the broad judicial powers granted by the Constitution
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Special Courts Various U.S. courts for: – Armed forces – Veterans claims – Federal claims – Tax issues – Territorial courts – D.C. courts Hear cases relating to Congress’ expressed powers
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Federal Jurisdiction
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Jurisdiction authority of a court to hear a case Federal courts can hear cases depending on the: – Subject matter – Parties involved
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Subject Matter Interpretation/application of a provision of the Constitution, federal statute/treaty Question of admiralty law – Collision @ sea – Crime committed on a ship Question of maritime law – Contract to deliver supplies at the docks
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Parties Involved U.S. or 1 of U.S. officers/agencies – http://www.sfexaminer.com/politics/white- house/obama-sues-arizona-over-illegal- immigrant-crackdown http://www.sfexaminer.com/politics/white- house/obama-sues-arizona-over-illegal- immigrant-crackdown Ambassador/consul/official representative of a foreign govt. 1 of the states suing another or resident of 1 state/foreign country
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Parties Involved Citizen of 1 state suing citizen in another state U.S. citizen suing foreign govt. or 1 of its citizens Citizen of 1 state suing citizen in same state – Both claim land under grants of diff. states
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Types of Federal Jurisdiction Exclusive – Cases can only be heard in federal courts Concurrent – Cases can be heard in federal and/or state courts Original – Location of legal issue determines which court hears case first Appellate – Court hears case of appeal
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Appointment of Judges P, w/S approval, appoints federal judges Typically, Republican P choose Republican judges; Democratic P choose Democratic judges Level of judicial activism/restraint – Activism: Judge should use position to promote his/her political views – Restraint: Judges defer to actions of executive & legislative branches, except in cases of unconstitutionality
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Should federal judges be allowed to “legislate” from the bench? Why or why not?
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Terms/Pay of Judges Constitutional courts: federal judges appointed for life Can only be removed through the impeachment process – 13 judges have been impeached – 7 judges have been convicted – http://www.sourcewatch.org/index.php?title=Alc ee_Hastings_corruption_scandal http://www.sourcewatch.org/index.php?title=Alc ee_Hastings_corruption_scandal
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Terms/Pay of Judges Special courts: federal judges serve either: – 15-yr. terms – 4-yr. terms Assoc. S.C. justices: $208,100 Chief S.C. justice: $217,400 Serve 10 yrs. & retire at 70: full salary for life Serve 15 yrs. & retire at 65: full salary for life
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