The Judicial Branch Jurisdiction And Judicial Power Creation
The Judicial Branch Jurisdiction And Judicial Power
Creation of the National Judiciary n n The Constitution’s vague plan for the national judiciary can be found in Article 3 of the Constitution. Remember, there was no judicial branch under the Articles of Confederation.
Dual Court System n n Because of the nature of FEDERALISM; we utilize a “dual court system” The Federal Courts hear cases involving national laws, and the State Courts hear cases involving state laws!
Jurisdiction: The right to hear a case Based on subject of the law n Or based on parties involved n
Jurisdiction: The right to hear a case n n Exclusive Jurisdiction: Only the federal courts may hear these cases as they deal with Federal Law Concurrent Jurisdiction: When a crime violates both federal and state laws, the case can be heard in both courts
Jurisdiction: The right to hear a case n n Original Jurisdiction: the right of a court to hear a case the first time Appellate Jurisdiction: the right of a court to review decisions of a trial court
Criminal Law vs. Civil Law Criminal Law n deals with statutory (written down) laws or codes. n the punishment can include fines and/or confinement to prison. Civil Law n deals with disputes between two or more private people. n the punishment is only monetary damages.
The Federal Judges: Perhaps the best government job. . .
Provisions for Judges: n Appointed by President, approved by Senate (checks and balances) Framers wanted judges to be independent of politics, so they are appointed “During good behavior” n Judges may be removed by the impeachment process n Congress has set compensation for judges, as well as their perks! n
$244, 400/$255, 500 $199, 100 $211, 200
How did the Supreme Court gain equal status with the other two branches? n n n The Supreme Court gained recognition as an equal branch of government as a result of John Marshall’s judicial strategy. Prior to Marshall’s appointment, the Supreme Court held little power. In Marbury v Madison (1803), the Supreme Court first declared an act of Congress unconstitutional, thus establishing judicial review!
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