THE JUDICIAL BRANCH

The National Judiciary (National Court System)

The Framers of the Constitution created a national judiciary for the United States in a single sentence in the Constitution: “The judicial power of the United States

shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

Article III, Section 1

Dual court system

The United States has what is known as the dual court system: there are state and federal courts. The national judiciary spans the country

with more than 120 courts Each of the 50 states has its own system of

courts and may well run into the thousands. State courts hear most of the cases in this

country

The United States Dual Court System

You may take 2 routes to get to the Supreme Court!1. Federal Court system 2. State Court system

FEDERAL

STATE

Types of federal courts

Constitutional Courts:

•94 District Courts•12 U.S. Courts of Appeals•U.S. Court of Appeals for the Federal Circuit•U.S. Court of International Trade

Special Courts:

•U.S. Court of Federal Claims•Territorial 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

U.S. SUPREME COURT

INFERIOR COURTS

Federal court jurisdiction

The Constitutional Courts hear most of the cases tried in the federal courts. These courts have jurisdiction over most federal cases.

Jurisdiction- the authority of the court to hear (to try and decide) a case.

Article III, Section 2 provides that the federal courts can hear a case because of either

The subject matter or The parties involved

Types of jurisdiction

Original jurisdiction is in a court in which the case is first heard (actual trial).

Appellate jurisdiction is in a court that hears a case on appeal (review) from a lower court. The higher court-the appellate court- may

uphold, overrule, or modify the decision appealed from the lower court

Appellate jurisdiction

Original jurisdiction

Both Original and Appellate

Plaintiff vs. defendant

A plaintiff is a person who files suit (usually the person the crime hurt).

A defendant is the person whom the complaint is against (person accused of committing a crime).

Appointment of judges

The Constitution declares that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… Judges of the Supreme Court…”

Article II, Section II, Clause 2

Congress has provided the same procedure for

the selection of all other federal judges.

Appointment of judges

Congress has provided the same procedure for the selection of all other federal judges. The Senate has a major part in the

selection of all federal judges, especially those that sit in the nation’s 94 district courts.

The unwritten rule is that the President almost always selects someone the senators from the State recommend.

Terms and pay of judges

“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”

Judges of the constitutional courts are appointed for life until they are impeached, resign, retire, or die in office. But they can be ANY age!

They may be removed only through the impeachment process. Only 13 federal judges have been impeached and only 7 were convicted and removed by the Senate.

Terms and pay of judges