National Judiciary Notes

Notes that go over how the judicial branch operates and works

Where in the U.S. Constitution does it speak about the judiciary?

Article 3

How does one become the national judge of the Nation judiciary?

one needs to be appointed by the president and the Senate must agree with the choice

How did the creators of the constitution envision the judiciary?

Intended to be separate from other branches

Intended to interpret how the constitution would be applied

intended to be non biased body based on reason

how many terms can a national judge serve? (how long do they serve?)

lifetime (until they die)

how may a national judge be removed from office?

retire, resign, or impeachment

Does Article 3 also involve lesser courts?

No, Article three only mentions 1 court and one judge, other courts are made via congressional action.

What does section 1 of article three mean?

all power of the judiciary is in one supreme court

inferior courts can be occasionally be created and ordained by congress

judges of inferior courts may serve as long as their good and receive payment

Does the high court HAVE to acknowledge a case?

No, the supreme court may pick and choose which cases they want to go over.

What is the highest level in the national courts system?

The supreme court

how many justices are in the supreme court?

9

how are most cases appealed?

through the certiorari process (a lesser court recommitting the supreme court to review the case and their decision.

What is the next level under the supreme court?

The national courts of appeals

do National courts of appeals have the right to jurisdiction?

No, they many not interpret the law/ they may only appellate (give case to higher level)

How many National courts of appeals are there

12

what are three judge panels and what level typically uses them?

When a case is ran by three judges rather than 1 | National courts of appeal

What is the lowest level?

Federal district courts

How many federal district courts are there?

94 district courts

does a federal district court have jurisdiction?

Yes

What does jurisdiction mean?

the courts ability to hear a case

Original jurisdiction

A court where a case can be FIRST heard

Which level does a court need to be to deal with ambassadors/public ministers and consuls/ state parties?

only the supreme court can handle cases.

appellate jurisdiction

When a court is reviewing a case because it was supposedly not done lawfully.

Writ of Certiorari

When a higher court orders a lower court for a record of a case (not an appeal) just a review to make a decision

What is Judicial Review?

the power to determine whether something is constitutional or not

What court case established Judicial Review?

Marbury v. Madison

Judicial Restraint

A Judge limits their power strictly to the constitution, prevents change in the constitution (Marbury v. Madison)