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The National Judiciary Creation of a National Judiciary Articles of Confederation Alexander Hamilton - Federalist No. 78 Article III - “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.” A Dual Court System two separate court systems the national judiciary - more than 100 courts. 50 states -own system of courts well into the thousands. state courts hear most of the cases in the country Two Kinds of Federal Courts The Constitution creates the Supreme Court Congress creates the inferior courts – the lower federal courts, those beneath the Supreme Court. Over the years, Congress has created two distinct types of federal courts: Constitutional and Special Constitutional Courts federal courts that Congress has formed under Article III to exercise “the judicial power of the United States.” Together with the Supreme Court include: the courts of appeals, the district courts, and the Court of International Trade. constitutional courts are sometimes called the regular courts, and Article III courts. Special Courts Do not exercise the broad “judicial power of the United States.” Created by Congress to hear cases arising out of some of the expressed powers given to Congress in Article I. Hear a much narrower range of cases than those that may come before the constitutional courts. Sometimes called the legislative courts. Court of Appeals for the Armed Forces the Court of Veterans Appeals, the Claims Courts, the Tax Court, and various territorial courts, and the courts of the District of Columbia. Jurisdiction Constitutional courts hear most of the cases tried in the federal courts - have jurisdiction over most federal cases. The authority of a court to hear and decide a case. The Constitution gives the federal courts jurisdiction over certain cases. (1) the subject matter or (2) the parties involved in the case. Subject Matter the interpretation and application of a provision in the Constitution on in any federal statute or treaty; or, a question of admiralty (matters that are on the high seas or navigable waters of the United States) or a question of maritime law (matters arising on land but directly relating to the water – for example, a contract to deliver a ship’s supplies at dockside.) Parties the United States or one of its officers or agencies; an ambassador, consul, or other official representative of a foreign government; a State suing another State, or a citizen of another State, or a foreign government or one of its subjects; a citizen of one State suing a citizen of another State; an American citizen suing a foreign government or one of its subjects; a citizen of one State suing a citizen of that same state where both claim land under grants from different states. Any case falling into any of these categories can be brought in the proper federal court. If a cases does not fit into one of these categories, it cannot be heard in a federal courts. Most cases heard in this country are in state, or all cases that are not heard by the federal courts are within the jurisdiction of the States’ court. Exclusive Jurisdiction In several of the categories of cases above, the federal courts have exclusive jurisdiction - those cases can be heard only in the federal courts. For example, a case involving an ambassador or some other official of a foreign government cannot be heard in a state court. The trial of a person charged with a federal crime, or a suit involving the infringement of a patent or a copyright, or a case involving any other matter arising out of an act of Congress also falls within the exclusive jurisdiction of the federal courts. Examples of Exclusive A case involving an ambassador or some other official of a foreign government cannot be heard in a state court. The trial of a person charged with a federal crime A suit involving the infringement of a patent or a copyright A case involving any other matter arising out of an act of Congress also falls within the exclusive jurisdiction of the federal courts. Concurrent Jurisdiction Many cases may be tried in either a federal court or a State court In such instances, the federal and State courts have concurrent jurisdiction - they share the power to hear those cases. Such cases are known in the law as cases in diverse citizenship, lawsuits involving citizens of different states Examples According to Congress, federal district courts may hear cases in diverse citizenship only if the amount of money involved in a case is over $50,000. In such cases the plaintiff – the one who initiates the suit – may bring the case in the proper State or federal court, as he or she chooses. If the case in brought before the state court, the defendant – the party who most defend against the complaint – may have it moved to the federal district court. Original and Appellate Jurisdiction Original - court in which a case is heard first Appellate - court that hears a case on appeal from a lower court The higher court – the appellate court – may uphold, overrule, or in some way modify the decisions appealed from the lower court.