Judicial Branch US Government. What is the Judicial Branch .
THE JUDICIAL BRANCH
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Transcript of THE JUDICIAL BRANCH
THE JUDICIAL BRANCH
Why it MattersThe framers of the
Constitution believed in the need for a national judicial system. The Constitution
outlines the structure of the federal judiciary, the
jurisdiction of the courts, and the functions of federal
judges.
Defense of a JudiciaryAlexander Hamilton wrote in the Federalist Paper #22
“Laws are a dead letter without courts to expound
and define their true meaning and operation.”
Dual Court System
Dual Court SystemThe Constitution creates the Supreme
Court and leaves to Congress, the creation of the Inferior Courts.
Inferior Courts= Lower Federal Courts, those beneath the Supreme Court.
2 Kinds of Federal CourtsOver the years Congress has created Two distinct types of federal courts:
1.) The Constitutional Courts2.) The Special Courts
Constitutional CourtsThe Constitutional
Courts are the federal courts that Congress
has formed under Article III to exercise
“The judicial power of the United States.”
Constitutional CourtsTogether with the
Supreme Court, hey now include the
Courts of Appeals, The District Courts, and
the U.S. Court of International Trade.
These courts hear cases involving the constitutionality of
laws; criminal and civil cases involving the
laws and treaties of the United States; and
disputes between two or more states.
Constitutional Courts
Article III Court judges are nominated by the
president, confirmed by the Senate and have life
tenure, which can be taken away only through
impeachment and conviction by the U.S.
Senate.
Constitutional Courts
Special CourtsThe Special Courts do not exercise the broad “Judicial Power of the United States.” Rather, they have been created
by Congress to hear cases arising out of
some of the expressed powers given to
Congress in Article I
Article I Courts do not have full judicial power. They cannot issue a final decision in all
questions of Constitutional law, all questions of federal law or hear claims at the core of habeas
corpus issues.
Special Courts
Special Courts
These courts are sometimes called the Legislative Courts.
U.S. Court of Federal Claims
Terri-torial
Courts
Courts of the District
of Columbia
U.S. Tax Court
U.S. Court of Appeals
for the Armed Forces
U.S. Court of Appeals
for Veterans
Claims
Federal Court JurisdictionThe Constitutional Courts hear most of the
cases tried in the federal courts. That is, those courts have a jurisdiction over most federal
cases.
Jurisdiction= defined as the authority of a court to hear (to try and decide) a case.
Federal Court JurisdictionThe Constitution gives the federal courts jurisdiction over certain cases. Article III,
Section 2 provides that the federal courts may hear a case because of either-
• The subject matter.
•The parties involved.
Types of JurisdictionThe federal courts have
several different types of jurisdiction, depending
on whether or not (1) they share the power
to hear the case with the State courts and
(2) they are the first court to hear the case.
Types of JurisdictionIn some of the cases the federal
courts have Exclusive Jurisdiction.
Exclusive Jurisdiction= Cases can be heard only in the federal
courts.
Legal ‘Speak’Plaintiff- The person who files the suit.
Defendant- The person whom the complaint is against.
JurisdictionA court in which a
case is first heard is said to have
original jurisdiction over that case.
A court that hears a case on appeal from a
lower court has appellate jurisdiction
over that case.
JurisdictionIn the federal court system, the district
courts have only original jurisdiction,
and the courts of appeals have only
appellate jurisdiction.
Jurisdiction
The Supreme Court exercises both original and appellate jurisdiction.
The Appointment of Judges• Judges are appointed by the President.• Judges are confirmed by the Senate.–Historically appointments were accepted if
the Senator from that state supported the appointed Judge.–This is referred to as Senatorial Courtesy.–This is not the case any longer.
The Appointment of JudgesTerms of a Judge
• Judges are appointed for life.– We want impartial judges, not subject to the
emotion and whims of the masses.– If they were elected, they may craft decisions to
get re elected.• Special Court Judges serve 15 year terms.
The Appointment of Judges• Article III, Section 1 of the
Constitution reads, in part: “ The Judges, both of the
supreme and inferior Courts, shall hold their
Offices during good behavior…” This means
that the judge are appointed for life-until they
resign, retire, or die in office.
They may be removed only through the impeachment process. Only 13 federal judges have ever been impeached.
The Appointment of Judges
Many cases may be tried in either a federal court or a State court.
Types of Jurisdiction
If so, then the federal and State
courts have Concurrent Jurisdiction.
Constitutional Basis• Power of Judiciary is established by
Article III, section one of the Constitution.–Mentions only a Superior court.–No mention of Lower courts.
• Judiciary Act of 1789 set up the Supreme Court, 3 Circuit Courts and 13 District Courts.
Limits on Power• Cases must be Justifiable, or
appropriate for review by the courts.– Must wait for a case to be brought
to them.– Can only rule on legal matters.– Involved parties must have
standing, a vested interest, in the case.
– Supreme Court will only hear a case as a last resort.
– Burden of Proof is on the plaintiff.– Case must involve a specific portion
of the Constitution– A person can not question a law
that they benefit from.
QUESTIONS???