the judicial branch target: i can explain the 2 types of federal courts, how judges are selected,...
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The Judicial Branch
Target: I can explain the 2 types of federal courts, how judges are selected, and what their power entails.
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The Federal Court System
Under the Articles of Confederation, the state courts decided infractions
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The Federal Court System
Under the Articles of Confederation, the state courts decided infractions– Problems:
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The Federal Court System
Under the Articles of Confederation, the state courts decided infractions– Problems:
• States did not have same laws
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The Federal Court System
Under the Articles of Confederation, the state courts decided infractions– Problems:
• States did not have same laws
• Didn’t accept the decision of other courts
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The Federal Court System
The New Constitution created two federal court structures
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The Federal Court System
The New Constitution created two federal court structures– Supreme Court
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The Federal Court System
The New Constitution created two federal court structures– Supreme Court– Lower Federal Courts (under the power of
Congress)
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Federal Courts (2 Types)
Constitutional Courts exercise the “judicial power of the US”
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Federal Courts (2 types)
Constitutional Courts exercise the “judicial power of the US”– Supreme Court, Court of Appeals, The District
Courts, Court of International Trade
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Federal Courts (2 types)
Special Courts hear cases that arise out of expressed Congressional Powers
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Federal Courts (2 types)
Special Courts hear cases that arise out of expressed Congressional Powers– Tax Courts, Appeals for Military Courts,
Veterans Appeals
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Jurisdiction in Federal Courts
Federal Courts have jurisdiction because
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Jurisdiction in Federal Courts
Federal Courts have jurisdiction because– The subject matter
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Jurisdiction in Federal Courts
Federal Courts have jurisdiction because– The subject matter or the parties involved
• Application of constitution
• Matters that arise at sea
• US office or agency
• Ambassador, consul, representative of foreign gov’t
• State suing state, citizen of different state, suing foreign gov’t
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Appointment of Judges
President nominates Supreme Court Justices, approved by the Senate
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Appointment of Judges
President nominates Supreme Court Justices, approved by the Senate
President selects federal court judges with Senate approval
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Appointment of Judges
President nominates Supreme Court Justices, approved by the Senate
President selects federal court judges with Senate approval– Usually selects people of same political view
point
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Appointment of Judges
Judges in Constitutional courts are appointed for life (can be removed through impeachment, 13x)
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Appointment of Judges
Judges in Constitutional courts are appointed for life (can be removed through impeachment, 13x)
Special Court Judges are appointed to extended terms 10-15 years
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Quick Facts about the Supreme Court
There are 9 justices on the Supreme Court They serve for life!
– Why?
The “Chief Justice” serves as the head In a decision, (5-4), the majority side writes
the “opinion of the court” and the minority side writes the “dissenting opinion.”– Why are these important?
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Marbury v Madison
Established the right of the Supreme Court to declare an act of Congress as unconstitutional– This is known as the power of “judicial review”– A further example of checks and balances