The National Judiciary

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Transcript The National Judiciary

Article III –National Judiciary

1. Section 1 1.

____________________ 2.

____________________ 3.

4.

____________________ ____________________ 2. Section 2 – Jurisdiction 1.

2.

3.

1.

Clause I subject 2.

parties Clause 2 __________ Clause 3 __________ 3. Section 3 – Treason 1. (2 part definition) 2. _____________ 3._____________

The National Judiciary

Reference Chapter 18, Sections 1,2,4

The Constitution establishes the Supreme Court

The National Judiciary

• Judiciary Act of 1789 (Senate Bill #1) – Establishes district and circuit courts 1802 1801 1807 1837 1869 1911 1863 1891 1925…

Jurisdiction

the authority of a court to hear a case

• • Original – the first court in which a case is heard.

Appellate – a court that reviews a previously tried case

Structure of Federal Court System Supreme Court 12 “circuits” Court of Appeals 94 districts District Courts

Jurisdiction- What kinds of cases are heard in federal courts?

• Cases with questions involving – The interpretation of the Constitution – Federal crimes as designated by Congress – Foreign diplomats – The US is a party to the case – Bankruptcy – Some state laws where the two parties are residents of different states

What kinds of Cases are heard by District Courts?

• Criminal Law – Violations of federal law • • • • Bank robbery Kidnapping Mail fraud Counterfeiting • Tax evasion • Civil Cases – Dispute between 2 parties; not criminal • • • Bankruptcy Civil rights Public land uses • • Postal issues Tax issues

Other Special Courts (frequently called legislative courts)

Other Court Officers

• • • • US Magistrates – Issue warrants, preliminary review, set bail… US Marshalls – “sheriff”- arrests, custody, serve papers, courtroom order, civil disturbances District attorneys and deputies – Government lawyers Court Clerks – Papers, records, etc.

A DUAL COURT SYSTEM

State Courts

• Everything Else – – Criminal law Civil law •

Federal Courts

Cases – – – Federal statutes Constitution Oceans •

Maritime,admiralty

– – US/foreign officials Interstate – International

Jurisdiction

the authority of a court to hear a case

Exclusive concurrent

Homework

• • Read and note 18.3 The Supreme Court p. 517-522 Complete #1-5 p. 522