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Copy of Copy of Chapter 18: The Federal Court System
Chapter 8: The Federal Court System
Importance of Marbury vs. Madison
Judges
Jurisdiction
- Jurisdiction: The authority of a court hear (to try and to decide) a case
- The Constitution only gives federal courts jurisdiction over certain cases:
- 1. Based on the Subject Matter
- 2. The Parties involved
Subject Matter--> It involves a federal question
The interpretation or application of some part of the Constitution or other federal document.
Parties Involved--> If one of the parties is the United States or one of its agents, and ambassador, or other US representative, One of the 50 states suing another state, an American suing a foreign government, or two citizens of the same state suing over property
- The President will name Judges, and the Senate will confirm.
Exclusive Jurisdiction: Cases that can be tried ONLY in the federal court
Concurrent Jurisdiction: Means that both the State and Federal courts have the power to hear the case.
Original Jurisdiction: The court where the case is first heard.
Appellate Jurisdiction: A court that hears a case on appeal from a lower court.
They DO NOT retry the case instead they see if the original court upheld the law.
- The Constitution sets no requirements or qualifications for Supreme Court Judges
Federal Courts
Judicial Review: Determining if something is Constitutional -- Established by Marbury vs. Madison
The Constitution establishes the Supreme court and leaves Congress to the create the inferior courts
- Inferior Courts: Lower courts
- 1. The Constitutional Courts
- Created under Article III
- They include the Supreme Court, Court of Appeals, The District Courts, and the US Court of International Trade
- Called the Regular Courts or Article III Courts
Writ Certiorari: "To be made more certain" An order to a lower court to send up info for review
State vs. Federal Courts
So What did We Learn?
- A Judges philosophy is VERY important to their selection.
- Judicial Restraint: the idea a judge should decide cases on the basis of what the original Framers wanted. As well as Precedent: previous judicial decisions that help current judges make their rulings.
- Judicial Activism: The idea that a judge should take a broad view of judicial power. Judges should interpret the Constitution and other lows.
The Special Courts
- 2. Special Courts: Created by Congress to hear cases based on the expressed powers of Article I section 8
- They hear a much narrower range of cases
- They are often called the Legislative Courts, or Article I Courts