Objectives You may wish to callstudents’ attention to the objectivesin the Section Preview. The objectivesare reflected in the main headings ofthe section.Bellringer Have students imagine ascene in which two neighbors arearguing about who owns a tree onthe boundary of their yards. Suddenlyone of them shouts, “What are youtrying to do—make a federal case outof it?” Ask students what this means.Explain that in this section, they willlearn what constitutes a federal case.Vocabulary Builder Have studentslook up the meaning of jurisdiction.Then ask them to suggest meaningsfor the other four terms in thePolitical Dictionary that contain theword jurisdiction. Have them checktheir meanings as they read.

Point-of-Use Resources

Block Scheduling with LessonStrategies Activities for Chapter 18are presented on p. 28.

The NationalJudiciary1

506

Customize forMore Advanced StudentsHave students conduct research to investigate thechanging role of the Speaker of the House. (Youmay wish to assign each student a specific speaker.)Ask students to summarize their research in briefreports and then lead a discussion on the changingrole.

Consider these suggestions to manage extendedclass time:■ Discuss with the class the criteria for a casereaching a federal court. Then, provide studentswith blank Venn diagrams (one is provided in theSection Support Transparencies, Transparency 6).Have students use the Venn diagram to showwhich cases are referred to federal courts, whichare referred to State courts, and which can bereferred to either.

■ Ask students to assume the role of televisionnews reporters. Have them work to create public-service announcements on federal judges. Theirwork should focus on the selection process, theterms of office, and how federal judges’ salariesare determined. Have students enact their public-service announcements for the class.

Block Scheduling Strategies

Pressed for Time?

Quick Lesson Plan1. Focus Tell students that federalcourts have the authority to hearspecific kinds of cases. Ask studentsto discuss what they know about howthe national judiciary is organized andthe kinds of cases it hears.2. Instruct Ask students what courtwould be involved in the case of aboundary dispute between neighbor-ing States. Have students describethe rest of the federal court systemand its jurisdiction. Then discuss dif-ferences in the appointment, terms,and pay of federal judges.3. Close/Reteach Remind studentsthat the national judiciary has twotypes of courts. Have students make atable showing the differences betweenthe functions of the two courts and thejudges who sit on them.

The National Judiciary

Objectives

1. Explain why the Constitution created a nationaljudiciary, and describe its structure.

2. Identify the criteria that determine whether a caseis within the jurisdiction of a federal court, andcompare the types of federal court jurisdiction.

3. Outline the process for appointing federal judges.4. List the terms of office for federal judges and

explain how their salaries are determined.5. Examine the roles of federal court officers.

Why ItMatters

The Framers of the Consti-tution believed in the need for a national judicial system.The Constitution outlines thestructure of the federal judi-ciary, the jurisdiction of thecourts, and the functions offederal judges.

PoliticalDictionary

★ inferior courts★ jurisdiction★ exclusive jurisdiction★ concurrent jurisdiction★ plaintiff★ defendant★ original jurisdiction★ appellate jurisdiction

The Framers created a national judiciary forthe United States in a single sentence in theConstitution:

“ The judicial Power of theUnited States shall be vested

in one supreme Court, and in such inferiorCourts as the Congress may from time totime ordain and establish.”

—Article III, Section 1

Congress also is given the expressed power “toconstitute Tribunals inferior to the supremeCourt” in Article I, Section 8, Clause 9.

A Dual Court SystemKeep in mind this important point: There aretwo separate court systems in the United States.1

On one hand, the national judiciary spans thecountry with its more than 120 courts. On theother hand, each of the 50 States has its own sys-tem of courts. Their numbers run well into thethousands. These State courts hear most of thecases in this country.

JJoe Smith steals a brand-new sports car, abright red convertible, in Chicago. Two days

later, he is stopped for speeding in Atlanta.Where, now, will he be tried for car theft? InIllinois, where he stole the car? In Georgia,where he was caught? In point of fact, Joe maybe on the verge of learning something about thefederal court system—and about the Dyer Act of1925, which makes it a federal crime to trans-port a stolen automobile across a State line.

Creation of a National JudiciaryDuring the years the Articles of Confederationwere in force (1781–1789), there were no na-tional courts and no national judiciary. The lawsof the United States were interpreted and appliedas each State saw fit, and sometimes not at all.Disputes between States and between personswho lived in different States were decided, if atall, by the courts in one of the States involved.Often, decisions by the courts in one State wereignored by the courts in the other States.

Alexander Hamilton spoke to the point inThe Federalist No. 22. He described “the wantof a judiciary power” as a “circumstance whichcrowns the defects of the Confederation.”Arguing the need for a national court system,he added: “Laws are a dead letter withoutcourts to expound and define their true mean-ing and operation.”

1Federalism does not require two court systems.Article III providesthat Congress “may” establish lower federal courts. At its first ses-sion, in 1789, Congress decided to construct a complete set of fed-eral courts to parallel those of the States. In most of the world’s otherfederal systems, the principal courts are those of the states orprovinces; typically, the only significant federal court is a nationalcourt of last resort, often called the supreme court.

To make sure students understand the mainpoints of this section, you may wish to use thetree map graphic organizer to the right.

Tell students that a tree map shows an outlineof a topic, its main ideas, and its supportingdetails. Ask students to use the tree map torecord details about the kinds of federal courtjurisdiction.

Teaching Tip A template for this graphic organizercan be found in the Section SupportTransparencies, Transparency 3.

Organizing Information

Point-of-Use Resources

Guided Reading and Review Unit 5booklet, p. 2 provides students withpractice identifying the main ideasand key terms of this section.

Lesson Planner For completelesson planning suggestions, see theLesson Planner booklet, section 1.

Political Cartoons See p. 70 ofthe Political Cartoons booklet for acartoon relevant to this section.

Section Support TransparenciesTransparency 73, Visual Learning;Transparency 172, Political Cartoon

507

Background NoteConstitutional IssuesWhere, oh, where is the PortsmouthNaval Shipyard? In March, 2000, theState of New Hampshire asked theSupreme Court to decide. NewHampshire claimed that its border runsalong the Maine shoreline, puttingSeavy Island and the shipyard in NewHampshire. Maine said the border is in the middle of the river, and that theisland and the shipyard belong toMaine. Governor Angus King of Maineadded that “there was practical recogni-tion that [the island] was part of Mainefor as long as anyone can remember,”but New Hampshire officials had mapsand documents going back to Colonialtimes to support their case.

In May 2001, the Supreme Court dis-missed New Hampshire’s claim, notingthat decades earlier New Hampshirehad agreed that the border between thetwo States along a different part of thesame river ran smack down the middle.Had they won, shipyard workers wholive in New Hampshire—which has noState income tax—would no longerhave to pay income taxes to Maine.

Chapter 18 • Section 1

Answer to . . .Interpreting Diagrams Constitutionalcourts were created to exercisebroad judicial powers; specialcourts were created to exercisenarrowly defined powers.

Two Kinds of Federal CourtsThe Constitution creates the Supreme Court andleaves to Congress the creation of the inferiorcourts—the lower federal courts, those beneaththe Supreme Court. Over the years, Congresshas created two distinct types of federal courts:(1) the constitutional courts and (2) the specialcourts. The diagram on this page sets out theseseveral federal courts.

The constitutional courts are the federalcourts that Congress has formed under ArticleIII to exercise “the judicial Power of the UnitedStates.” Together with the Supreme Court, theynow include the courts of appeals, the districtcourts, and the U.S. Court of InternationalTrade. The constitutional courts are also calledthe regular courts or Article III courts.

The special courts do not exercise the broad“judicial Power of the United States.” Rather,they have been created by Congress to hearcases arising out of some of the expressedpowers given to Congress in Article I. The spe-cial courts hear a much narrower range ofcases than those that may come before theconstitutional courts.

These special courts sometimes are calledthe legislative courts. Today, they include theU.S. Court of Appeals for the Armed Forces,the U.S. Court of Appeals for Veterans Claims,the U.S. Court of Federal Claims, the U.S. TaxCourt, the various territorial courts, and thecourts of the District of Columbia. You willlook at the unique features of these courts laterin this chapter.

Types of Federal Courts

U.S. Court of Appeals

for the Armed Forces

U.S. TaxCourt

94 DistrictCourts

Courts ofthe District of

Columbia

U.S. Court ofAppeals for

Veterans Claims

TerritorialCourts *

U.S. Court ofInternational

Trade

U.S. Court ofFederal Claims

12 U.S. Courts of Appeals

U.S. Court of Appeals

for the Federal Circuit

The United StatesSupreme Court

The Inferior Courts

The Constitutional CourtsAlso called Article III Courts or Regular Courts.As permitted by the Constitution, Congresscreated these courts, which exercise the broad “judicial Power of the United States,”as stated in Article III.

The Special CourtsAlso called the Legislative Courts or Article I Courts.Created by Congress under the power given to it in Article I“to constitute Tribunals inferior to the supreme Court,”these courts have narrowly defined powers.

*in Guam, the Virgin Islands, and the Northern Marianas, similar to local courts

Interpreting Diagrams The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts, as needed. Using this diagram,compare and contrast the purpose of the constitutional courts and the specialcourts, as defined in the Constitution.

Reading StrategyOrganizing Information/Graphic OrganizerEncourage students to note similaritiesand differences among the varioustypes of courts, judges, and othercourt officers as they read. Thenhave them use a table or double webgraphic organizer to record theircomparisons.

508

Make It Relevant

Answer to . . .Critical Thinking Possible answer:Such cases that do not involve aparticular State are of nationalinterest, and thus fall under thejurisdiction of federal courts.

Chapter 18 • Section 1

Bennett Haselton was an 18-year-old student when he decided toget involved in an issue he feltdeeply about. Haselton foundeda group called Peacefire tocampaign against Internet cen-sorship. When the AmericanCivil Liberties Union (ACLU)and other groups challenged aNew York law that banned certain forms of speech on theInternet, Peacefire wanted tosupport the lawsuit. But how?“It’s hard for students to givemoney,” Haselton acknowledged.

Haselton formed a groupcalled Page Authors’ BenefitAgainst Censorship, or PABAC.Made up of about forty highschool and college students,PABAC designs Web pages forcompanies. “With Web design,you can charge a little more thanfor a car wash,” Haselton point-ed out. When the ACLU broughtits case against New York,PABAC donated its earnings tohelp the ACLU defray its costs.In return, Peacefire was nameda plaintiff in the suit. In Reno v.ACLU, the Supreme Court heldthat the act in question—theCommunications DecencyAct—was unconstitutional.

Students Make a Difference

Most cases in this country are heard in State courts, not federal courts. Article III, Section 2, Clause I provides that to be heard in a federal court, a case must fall into one of the two categories below.

The Subject Matter of the CaseA case falls within the jurisdiction of the federal courts if it concerns:(1) the interpretation and application of a provision in the Constitiution

or in any federal statute or treaty; (2) a question of admiralty law (matters that arise on the high seas or

navigable U.S. waters)EXAMPLE collision at sea or crime committed aboard ship(3) a question of maritime law (matters arising on land but directly

relating to the water)EXAMPLE a contract to deliver a ship’s supplies at dockside (The Framers gave the federal courts exclusive jurisdiction in admiralty and maritime cases to ensure national supremacy in the regulation of all waterborne commerce.)

The Parties Involved in the CaseA case falls within the jurisdiction of the federal courts if any of the partiesin the case is:(1) the United States or one of its officers or agencies;(2) an ambassador, consul, or other official representative of a foreign government;(3) one of the 50 States suing either another State, a resident of another

State, or a foreign government, or one of its subjects;(4) a citizen of one State suing a citizen of another State;(5) a U.S. citizen suing a foreign government or one of its subjects;(6) a citizen of one State suing a citizen of that same State where both

claim land under grants from different States.

What Cases Come Under Federal Jurisdiction?

As the table at left explains, federal courts hearcases involving certain subject matter, such as acci-dents at sea. (Top photo shows a Norwegian oiltanker ablaze in waters off Galveston, Texas.)Federal cases also may involve certain people, suchas foreign diplomats. (Diplomatic license plates,above, are a familiar site in Washington, D.C.)Critical Thinking Why are such cases heard infederal courts instead of State courts?

Federal Court JurisdictionThe constitutional courts hear most of the casestried in the federal courts. That is, those courtshave jurisdiction over most federal cases.Jurisdiction is defined as the authority of acourt to hear (to try and to decide) a case. Theterm means, literally, the power “to say the law.”

The Constitution gives the federal courtsjurisdiction over certain cases. Article III,Section 2 provides that the federal courts mayhear a case because of either (1) the subjectmatter or (2) the parties involved. The detailsof this matter are set out in the table above.See, too, the 11th Amendment, page 773.

The criteria for deciding what are federalcases may seem quite complicated, and theyare. But the matter is also a reflection of feder-alism and, so, of the dual system of courts inthis country. Stating the whole point of federalcourt jurisdiction in another way: All cases thatare not heard by the federal courts are withinthe jurisdiction of the States’ courts.

Types of JurisdictionThe federal courts have several different types ofjurisdiction, depending on whether or not (1) theyshare the power to hear the case with State courtsand (2) they are the first court to hear the case.

Exclusive and Concurrent JurisdictionIn some of the cases listed in the table above, thefederal courts have exclusive jurisdiction. That is,those cases can be heard only in the federal courts.For example, a case involving an ambassadoror some other official of a foreign governmentcannot be heard in a State court; it must betried in a federal court. The trial of a personcharged with a federal crime, or a suit involv-ing the infringement of a patent or a copyright,or a case involving any other matter arising outof an act of Congress also falls within theexclusive jurisdiction of the federal courts.

Many cases may be tried in either a federalcourt or a State court, however. Then the federaland State courts have concurrent jurisdiction;

Point-of-Use Resources

Close Up on Primary SourcesFranklin D. Roosevelt, Fireside Chat(1937), p. 61

For career-related links and activities, visitthe Magruder’s American Governmentcompanion Web site in the Social Studiesarea at the Prentice Hall School Web site.

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Background NoteA Diverse NationAfter 178 years of imparting “equaljustice under the law,” the SupremeCourt finally seated a justice who was not a white male. Appointed byPresident Lyndon Johnson in 1967,Thurgood Marshall, a celebrated attor-ney who had argued several landmarkcivil rights cases in the 1950s, becamethe first African American to serve onthe nation’s highest court. ClarenceThomas, appointed in 1991, was thesecond. The Court has also slowlyopened its doors to women. In theCourt’s 192nd year, Sandra DayO’Connor, a justice on the ArizonaCourt of Appeals, was appointed byPresident Ronald Reagan as an associ-ate justice, the only woman to hold thatposition until Ruth Bader Ginsburg’sappointment in 1993.

Make It Relevant

The federal court system could not function withoutcourt administrators. Present at every level and inevery type of federal court, they are as essential tothe judicial process as the judges themselves. Courtadministrators manage the work of the courtthrough such duties as analyzing cases to determineappropriate docketing (scheduling), supervisingclerical personnel, and briefing judges daily oncourt actions and procedures. Good written and

verbal communication skills are a must in thiscareer. Skills Activity Direct pairs of students to write fic-tional descriptions of what they think a day in thelife of a court administrator would be like. Thenhave individual students write paragraphs explain-ing why they would or would not be interested ina career as a court administrator. (Average)

Careers in Government—Court Administrator

Answer to . . .Interpreting Diagrams It makes clearthat while State and federal courtsshare some jurisdiction, they alsoeach have their own jurisdiction.

Chapter 18 • Section 1they share the power to hear those cases.Disputes involving citizens of different Statesare fairly common examples of this type of case.Such cases are known in the law as cases indiverse citizenship.2

Congress has provided that the federal districtcourts may hear cases of diverse citizenship onlyif the amount of money involved in a case is morethan $75,000. In such cases the plaintiff—the per-son who files suit—may bring the case in theproper State or federal court, as he or she chooses.If the case is brought before the State court, thedefendant—the person whom the complaint isagainst—can have the trial moved, under certaincircumstances, to the federal district court.

Original and Appellate JurisdictionA court in which a case is first heard is said tohave original jurisdiction over that case. A courtthat hears a case on appeal from a lower courthas appellate jurisdiction over that case. Thehigher court—the appellate court—may uphold,overrule, or in some way modify the decisionappealed from the lower court.3

In the federal court system, the district courtshave only original jurisdiction, and the courts ofappeals have only appellate jurisdiction. TheSupreme Court exercises both original andappellate jurisdiction.

Appointment of JudgesThe manner in which federal judges are chosen,the terms for which they serve, and even thesalaries they are paid are vital parts of the Con-stitution’s design of an independent judicialbranch. The Constitution declares that thePresident

“ shall nominate, and by andwith the Advice and Consent

of the Senate, shall appoint . . . Judges of thesupreme Court . . .”

—Article II, Section II, Clause 2

Congress has provided the same procedure forthe selection of all other federal judges.

The Senate has a major part in the selectionof all federal judges, and in particular those whosit in the nation’s 94 district courts. In effect, theConsititution says that the President can nameto the federal bench anyone the Senate will con-firm. Recall the practice of senatorial courtesy. Itgives great weight to the wishes of the senatorsfrom a State in which a federal judge is to serve.In short, that unwritten rule means that thePresident almost always selects someone the sen-ators from the State recommend.

Most federal judges are drawn from theranks of leading attorneys, legal scholars andlaw school professors, former members ofCongress, and State court judges. A Presidentapplies the same sorts of considerations to hisjudicial selections as he does to his otherappointments.

From George Washington’s day, Presidentshave looked to their own political party inmaking judicial appointments. RepublicanPresidents regularly choose Republicans;Democrats usually pick Democrats. EveryPresident knows that the judges he appointsmay serve for decades. So the chief executiveregularly looks for judges who tend to agreewith his own legal, political, economic, andsocial views.

The concepts of judicial activism and judicialrestraint also affect the judicial selectionprocess—especially at the Supreme Court level.Federal judges often decide cases in which theymust interpret and apply a provision in the

2The major reason that cases of diverse citizenship may be heardin federal courts is to provide a neutral forum to settle the disputesinvolved. That reason reflects an early fear that State courts (and theirjuries) might be prejudiced against “foreigners,” residents of otherStates. There seems little likelihood of such bias today.

3Appellate comes from the Latin word appellare, meaning “tospeak to, to call upon, to appeal to.”

Types of Court Jurisdiction

FederalJurisdiction

State Jurisdiction

ConcurrentJurisdiction

Interpreting Diagrams While many countries have a single court systemleading to a supreme court, the United States has a two-level system offederal and State courts. Their jurisdictions are shown in this Venn diagram.How does the structure of the diagram explain the types of jurisdiction?

Customize forEnglish Language LearnersHave students choose a position oroccupation in the federal court sys-tem that they find interesting. Askthem to provide a job descriptioncard about the position, includinghow it is filled, the length of termserved, major job responsibilities, andother pertinent information. Using thecompleted cards, create a fictitious“Help Wanted” board posting thevacancies for which employees arebeing sought.

Learning StylesKinesthetic Divide the class intosmall groups. Create a number ofquestions where details about vari-ous cases are provided. Groups taketurns guessing in which kind ofcourt the case should be heard. Ifyou wish, you may assign point val-ues to questions and have groupscompete. (Basic)

Point-of-Use Resources

Simulations and Data GraphingCD-ROM offers data graphing

tools that give students practice withcreating and interpreting graphs.

A C T I V I T Y

510

Answer to . . .Interpreting Tables Possible answer:The constitutional courts requirejudgeships for life in order toeliminate partisan or publicpressures on the judicial process.The special courts have muchnarrower jurisdiction, thereforerotation in judgeships is moredesirable for them.

Chapter 18 • Section 1Terms and Pay of JudgesArticle III, Section 1 of the Constitution reads,in part: “The Judges, both of the supreme andinferior Courts, shall hold their Offices duringgood Behavior. . . . ” This means that thejudges of the constitutional courts areappointed for life—until they resign, retire, ordie in office. They may be removed onlythrough the impeachment process. Only 13federal judges have ever been impeached. Ofthem, seven were convicted and removed bythe Senate, including three in the recent past.4

The grant of what amounts to life tenure formost judges ensures the independence of thefederal judiciary.

The judges who sit in the special courts arenot appointed for life. Those who hear casesin the U.S. Court of Federal Claims, the U.S.Court of Appeals for the Armed Forces, the

U.S. Tax Court, and the U.S. Court of Appealsfor Veterans Claims serve 15-year terms. In theDistrict of Columbia, Superior Court judgesare chosen for four-year terms; those who siton the District’s Court of Appeals are chosenfor a period of eight years.

The Constitution also declares that federaljudges

“ shall, at stated Times,receive for their Services, a

Compensation, which shall not be diminishedduring their Continuance in Office.”

—Article III, Section 1

Congress sets the salaries of all federal judgesand has provided a generous retirementarrangement for them. They may retire at age70, and if they have served for at least 10 years,receive full salary for the rest of their lives. Or,

Constitution or an act of Congress. That is,they often decide questions of public policy—and, in doing so, they inevitably shapepublic policy.

The proponents of judicial restraint believethat judges should always try to decide caseson the basis of (1) the original intent of thosewho wrote the Constitution or enacted thestatute and (2) precedent—that is, in line withprevious decisions in similar cases. They saythat elected legislators, not appointed judges,should make law.

Those who support judicial activism thinkthat judges should act more boldly. They arguethat the law should be interpreted and applied inthe light of ongoing changes in conditions andvalues—especially in cases involving civil rightsand social welfare issues.

The President and his closest political andlegal aides, especially the attorney general, takethe lead in selecting federal judges, of course.Major roles also are played regularly byinfluential senators (notably those from thenominee’s home State); by the President’s alliesand supporters in the legal profession; and byvarious other important personalities in thePresident’s political party.

4The judges removed from office were John Pickering of the dis-trict court in New Hampshire, for judicial misconduct and drunken-ness (1804); West H. Humphreys of the district court in Tennessee, fordisloyalty (1862); Robert W. Archbald of the old Commerce Court, forimproper relations with litigants (1913); Halsted L. Ritter of the dis-trict court in Florida, on several counts of judicial misconduct (1936);Harry E. Claiborne of the district court in Nevada, for filing falseincome tax returns (1986); Alcee Hastings of the district court inFlorida, on charges of bribery and false testimony (1989); and WalterNixon of the district court in Mississippi, for perjury (1989).

Alcee Hastings was removed in 1989 even though earlier he hadbeen acquitted of the bribery charge. Hastings won election to the Houseof Representatives in 1992. Four other federal judges were impeachedby the House but acquitted in the Senate.Two other district court judges,impeached by the House, resigned and so avoided a Senate trial.

Interpreting Tables This table provides key statistics for the major U.S.federal courts. Why do you think some judgeships are for life andothers are for only 15 years?

Court Created Number ofCourts

Number ofJudges

Term ofJudges

Supreme Court

District Court

Court of Appeals

Trade Court

Court of Appeals forthe Armed Forces

Tax Court

Court of Appeals for the Federal Circuit

Court of FederalClaims

Court of Appeals for Veterans Claims

1789

1789

1891

1926

1950

1969

1982

1982

1988

1

94

12

1

1

1

1

1

1

9

642

179

9

5

19

12

16

7

Life

Life

Life

Life

15 years

15 years

Life

15 years

15 years

The National Judiciary

Use this complete suite of powerfulteaching tools to make planninglessons and administering testsquicker and easier.

Point-of-Use Resources

Guide to the Essentials Chapter18, Section 1, p. 97 provides

support for students who need addi-tional review of section content.Spanish support is available in theSpanish edition of the Guide on p. 90.

Quiz Unit 5 booklet, p. 3includes matching and multiple-choice questions to check students’understanding of Section 1 content.

Presentation Pro CD-ROM Quizzesand multiple-choice questions

check students’ understanding ofSection 1 content.

Answers to . . .

Section 1 Assessment1. To handle all federal cases notunder the jurisdiction of the SupremeCourt; also, because the Constitutiononly specifically mandates the SupremeCourt.2. (a) Jurisdiction is the authority of a court to try and decide a case.(b) Exclusive jurisdiction coverscases that can only be heard in fed-eral courts; concurrent jurisdictioncovers cases that can be heard byeither federal or State courts.3. The plaintiff is the person whofiles the complaint in a civil case,while the defendant is the personagainst whom the complaint is filed.In a criminal case, the defendant isthe person accused of a crime.4. (a) Original jurisdiction is held by the court in which a case is firstheard, while appellate jurisdiction isheld by the court that hears a caseon appeal from a lower court. (b) The Supreme Court has bothoriginal and appellate jurisdiction.5. Statements will vary, but shouldclearly express the main idea ofHamilton’s argument—that a con-federation of States cannot have alegal system without a national judiciary.6. Steps and explanations should beaccurate and supported with factsfrom the text.

511

Chapter 18 • Section 1

Key Terms and Main Ideas1. Why were the inferior courts created?2. (a) What is jurisdiction? (b) Explain the difference between

exclusive jurisdiction and concurrent jurisdiction.3. Describe the roles of plaintiff and defendant.4. (a) Contrast original jurisdiction and appellate juris-

diction. (b) What kind of jurisdiction does the SupremeCourt have?

Critical Thinking5. Expressing Problems Clearly Reread Alexander

Hamilton’s comments about the need for a national judiciary.Restate Hamilton’s argument in your own words.

6. Drawing Inferences Make a list of steps for selecting afederal judge. Next to each step, indicate whether it is a

legal requirement or simply a matter of custom. For thesteps labeled as a custom, explain why it might be wise fora President to observe such a custom.

they may retire at full salary at age 65, after atleast 15 years of service. The Chief Justice maycall any retired judge back to temporary dutyin a lower federal court at any time.

Court OfficersToday, federal judges have little involvement inthe day-to-day administrative operations of thecourts over which they preside. Their primarymission is to hear and decide cases. The supportservices they need in order to perform that taskare provided by a clerk, several deputy clerks,bailiffs, court reporters and stenographers, pro-bation officers, and other court personnel.

The judges of each of the 94 district courtsappoint one or more United States magistrates.There are now more than 400 of these magis-trates. They are appointed to eight-year termsand handle a number of legal matters oncedealt with by the judges themselves. They issuewarrants of arrest and often hear evidence todecide whether or not a person who has beenarrested on a federal charge should be held foraction by a grand jury. They also set bail infederal criminal cases, and even have thepower to try those who are charged with cer-tain minor offenses.

Each federal judicial district also has at leastone bankruptcy judge. They handle bankrupt-cy cases under the direction of the district courtto which they are assigned.5 There are now

some 350 bankruptcy judges, all of themappointed to 14-year terms by the judges ofeach federal court of appeals. The Presidentand the Senate appoint a United States attorneyfor each federal judicial district. The U.S. attor-neys and their many deputies are the govern-ment’s prosecutors. They work closely with theFBI and other law enforcement agencies, andbring to trial those persons charged with feder-al crimes. They also represent the United Statesin all civil actions brought by or against thegovernment in their districts.

The President and Senate also select a UnitedStates marshal to serve each of the districtcourts. These marshals, and their several deputyU.S. marshals, perform duties much like those ofa county sheriff. They make arrests in federalcriminal cases, hold accused persons in custody,secure jurors, serve legal papers, keep order incourtrooms, and execute court orders and deci-sions. They also respond to such emergency situations as riots, mob violence, and other civildisturbances, as well as terrorist incidents. AllUnited States attorneys and marshals areappointed to four-year terms—and members ofthe Senate are usually closely involved in theirselections.

5Recall that bankruptcy is a legal proceeding in which a debtor’sassets are distributed among those to whom the bankrupt person,business, or other organization owes money. Although some bank-ruptcy cases are heard in State courts, nearly all of them fall withinthe jurisdiction of the federal district courts.

PHSchool.com

For: An activity on the nationaljudiciary

Visit: PHSchool.comWeb Code: mqd-5181

7. Direct students to access Web Code mqd-5181 atPHSchool.com. This Web Code will take studentsdirectly to the instructions and links needed to com-plete the section activity.