The Judicial Branch

Chapter 18

THE NATIONAL JUDICIARYSection 1

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.

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.

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.

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

Federal Judges• The Selection of Judges– 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.

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