Chapter 11 Government Notes.doc - Chapter 11-The Federal Court System I Powers of the Federal Courts A Introduction 1 Supreme Court played a small role

Chapter 11 Government Notes.doc - Chapter 11-The Federal...

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Chapter 11---The Federal Court System I. Powers of the Federal Courts: A. Introduction 1. Supreme Court played a small role until Chief Justice John Marshall was appointed in 1801. He helped to increase the power of the Court. 2. Today the judicial branch is well established as an equal with the legislative & executive branches. B. Jurisdiction of the Courts 1. Each of the 50 states has its own system of courts.—Their powers come from state constitutions & laws. 2. The federal court system is consists of the Supreme Court & lower federal courts. Federal Courts get their powers from the U.S. Constitution & federal laws. 3. Jurisdiction—the authority to hear certain cases. a. State Courts—have jurisdiction over cases involving state laws. b. Federal Courts—have jurisdiction over cases involving: 1. federal laws 2. treaties with foreign nations 3. Constitutional interpretations 4. bankruptcy 5. Maritime law 4. Federal Courts also have jurisdiction if certain parties or persons are involved: a. Ambassadors & representatives of foreign governments b. Two or more state governments c. The United States government or one of its offices or agencies d. Citizens who are residents of more than one state e. Citizens that are residents of the same state but claim land grants in other states 5. Concurrent Jurisdiction—Both federal & state courts have authority. a. Ex: case involving citizens of different states in a dispute concerning more than $75,000 may be tried in either a state or federal court---***However, the case must be tried in a federal court if the person suing insists. 6. Original & Appellate Jurisdiction a. Original Jurisdiction—the authority of a trial court to be first to hear a case. 1. Ex: Federal court system—the district courts as well as several other lower courts have only original jurisdiction b. Appellate Jurisdiction—authority held by a court to hear a case that is appealed from a lower court 1. Ex; Federal Court System—Court of Appeals & U.S. Supreme Court C. Developing Supreme Court Power
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  • Fall '18
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  • Supreme Court of the United States

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