1. The Judicial Branch
Chapter 18

2. The National Judiciary
Section 1
The National Judiciary

3. Creation of a National Judiciary
During Articles of Confederation there were no national courts and no judicial power for the federal government.
States interpreted laws from the national government.
NO uniformity
Framers of Constitution knew their should be a national judicial authority to solve these problems.

4. Structure of the Court System
Article III of the Constitution
Judicial authority vested in a Supreme Court
Congress creates inferior courts
Dual court system
Judicial authority exists at both the federal and at the state levels.
Two kinds of federal courts
Constitutional Courts
Courts created to exercise the judicial power of the U.S.
Special or Legislative Courts
Created with a specific purpose to carry out the expressed powers of Congress.

5. Federal Court Jurisdiction
Jurisdiction is the authority of a court to hear and decide a case.
Federal courts have jurisdiction over certain cases.
Depends on the subject matter or the parties involved.
Subject matter: a federal question.
Parties involved: U.S. itself, ambassadors or foreign representatives, the states or foreigners, foreign governments.

6. Types of Jurisdiction Exclusive v. Concurrent jurisdiction
Exclusive - can only be heard in federal court.
Cases falling under the direct authority of only the federal government .
Concurrent - can be heard in either state or federal courts.
Cases between clients from different states.
Original v. Appellate jurisdiction
Original jurisdiction - court has the right to hear the case first
The facts of the case are heard and evidence is presented.
Appellate jurisdiction - the court is deciding whether the law was applied and procedures were followed properly.
Can override, modify, or uphold a lower courts decision

7. Federal Judges The Selection of Judges Judicial Philosophy
Appointed by the President of the United States and confirmed by the U.S. Senate.
Attorney General, Judiciary Committee.
Constitution does not set any formal requirements for federal judges.
Judicial Philosophy
Judicial restraint (narrow interpretation)
Original intent and precedent weigh heavily on justices’ decisions.
Judicial activism (broad interpretation)
Constitution and statutes should be interpreted and applied in light of societal developments.

8. Court Officers
Support Staff: Clerks, deputy clerks, bailiffs, court reporters, stenographers, probation officers, etc…
U.S. magistrates
Issue warrants, hear evidence to decide if case should be brought before grand jury, set bail.
Bankruptcy Judges
U.S. Attorneys
Prosecute cases for the Federal Government
U.S. Marshals