C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
* When arguing the need for a judicial branch of the
government, Alexander Hamilton said:
“Laws are dead letters without courts to expound and define
their true meaning and operation.”
What does this mean?
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
•Article 3 of the Constitution created the Judicial branch of the
government in a single sentence.
“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.”
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
DUAL COURT SYSTEM
* The judicial system of the United States has 2 divisions.
1. National Judiciary System
- Approximately 100
2. State Courts
- Each of the 50 states has its own system
- Well over 1,000
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
TWO KINDS OF FEDERAL COURTS
* As mentioned in Article 3 of the Constitution, Congress can
establish any inferior courts.
- Courts other than the Supreme Court
* Congress has established 2 types of Federal Courts.
1. Constitutional Courts
- Includes Courts of Appeals, District Courts,
Court of International Trade, and many others.
- Sometimes called Article III Courts
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
2. Special Courts
- Created to deal with “special causes”
- Not as many as Article III courts
- Court of Veterans Appeals, Tax Court, Court of
Appeals for the Armed Forces
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
JURISDICTION
* Jurisdiction is defined as: The authority of a court to hear and decide
the outcome of a case.
* Article 3 Section 2 of the Constitution defines the Jurisdiction of the
Federal Courts.
- The jurisdiction is based on 2 criteria
1. Subject Matter
- What the case is about
2. Parties Involved
- Who the case is about
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
* Subject Matter Jurisdiction (Fed. Courts)
1. Any interpretation of the constitution
2. Any question of admiralty (anything that arises on the seas
or navigable waters of the U.S.) or maritime law (matters
arising on land but have to directly deal with the sea)
3. Any breach of federal law
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
* Party Jurisdiction (Fed. Courts)
1. One of the officers or agents of the United States
2. An ambassador or official representative of a foreign
government
3. A state or citizen suing another state, a citizen of another state,
or a foreign government
* If a case does not fit into one of the above categories, it may NOT be
heard in a Federal Court.
***** MOST court cases heard in the United States are heard at the state
court level *****
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
DIFFERENT TYPES OF JURISDICTION
* Concurrent Jurisdiction – Where both federal and state have the power
to hear certain cases.
Ex.: Cases dealing with “diverse” citizenship.
* Original Jurisdiction – A court that has the right to hear a case first.
* Appellate Jurisdiction – Authority of a court to review the decisions of
lower courts.
* The Supreme Court has both original and appellate jurisdiction.
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
APPOINTMENT OF JUDGES
* The Constitution states, “The president shall nominate, and,
by and with the advice and consent of the Senate, shall appoint
judges of the Supreme Court.”
* Congress has also set the same procedure for all federal
judges.
* Because the president can appoint all federal judges, he
usually picks judges affiliated with his political party.
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
TERMS AND PAY OF JUDGES
* Article 3 Section 1 of the Constitution says: “The judges,
both of the Supreme and inferior courts shall hold their offices
during good behavior.”
* Federal or Article III judges may only be removed if they
resign, retire, or die in office.
- Only 13 federal judges have ever been impeached.
- Of the 13, 7 were convicted and removed by the
Senate.
C.18 S.1 Guided Notes
“NATIONAL JUDICIARY”
* The salary of most federal judges varies slightly, but usually
ranges from $150,000 to $200,000 per year.
* Federal judges may retire at age 70 if they have served 10
years. Or they may retire at age 65 if they have served 15
years in office.
* Upon retirement, federal judges receive full salary for the
rest of their lives.