Topic 7 Lesson 1 - The National Judiciary

What was the primary lack in the United States during the Articles of Confederation (1781-1789)?

There weren't any national courts or a national judiciary.

Who wrote ‘The Federalist No. 22’ and what did it describe?

Written by Alexander Hamilton, it described the want of a judiciary power.

What does Article III, Section I of the Constitution establish?

It vests the judicial power of the United States in one Supreme Court and inferior Courts as Congress may establish.

What are inferior courts according to the Constitution?

Inferior courts are created by Congress and can include special courts such as military courts.

What are the two types of federal courts created by Congress?

The Constitutional Courts and Special Courts.

What is the key function of Constitutional Courts?

They are formed under Article III to exercise judicial power and include courts like district courts and courts of appeals.

What is the jurisdiction of federal courts?

Jurisdiction is the authority of a court to hear and try a case.

What is the definition of 'Subject Matter' in federal courts?

It involves a 'federal question', such as matters related to federal law or maritime law.

In what circumstances do federal courts have jurisdiction over parties?

If one party is the United States, an ambassador, or if there's diversity of citizenship between parties.

What is exclusive jurisdiction?

Exclusive jurisdiction means that most cases in federal courts fall within their jurisdiction and cannot be tried in state courts.

What is concurrent jurisdiction?

Concurrent jurisdiction means some cases may be tried in either a federal or state court.

What are original and appellate jurisdictions?

Original jurisdiction is held by district courts while appellate jurisdiction is held by courts of appeals. The Supreme Court has both.

What role do federal judges play in court?

They preside over the courtroom, interpret the law, rule on facts in non-jury trials, and sentence those convicted.

How are federal judges selected?

They are nominated by the President and confirmed by the Senate, with significant influence from state senators.

What is judicial restraint?

The philosophy that judges should decide cases based on the original intent of the Framers and precedent.

What is judicial activism?

The belief that judicial provisions should adapt and change according to ongoing societal conditions and values.