judiciary notes

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Article IIIFederal Judiciary

Only Supreme Court mentioned in ConstitutionAll federal courts created by Judiciary Act of 1789

Federal judges serve for life, ³good behavior´ or resign-appointed by President, confirmed by Senate

Jurisdiction of Federal Courts

-Exclusive jurisdiction-Concurrent jurisdiction-Original jurisdiction-Appellate jurisdiction

Types of Law-civil

-criminal

Judicial review ± established by Marbury v. Madison-strict construction vs. loose construction



CONSTUTIONAL COURTS1. District Courts

-number of judges varies-use grand juries to indict and petit juries to try defendants

-Court Officers-Bailiff ± keeps order in court-Clerk ± handles paperwork-Federal Magistrate - judge-Probation Officers ± deals with those on probation-Attorney for district ± prosecutes, represents U.S. Govt.

-Marshall ± finds and transports federal prisoners

2. Courts of Appeals-appellate jurisdiction-majority vote-no trials or testimony

3. Court of International Trade



4. Legislative Courts-Court of Military Appeals-U.S. Claims Court

-Courts of D.C.-Territorial Courts-Court of Veterans Affairs-U.S. Tax Court

FEDERAL JUDGES-no formal requirements

SUPREME COURT-9 justices-they choose cases (4 have to vote to hear a case)-case decided by majority

Federal courts have no ability to enforce laws



AmendmentsBill of Rights - 17911 ± freedom of « speech

pressreligion

assemblypetition

2 ± right to bear arms3 ± freedom from quartering troops in private homes4 ± protection from unreasonable searches and seizures of people and things5 ± grand jury in capital cases

no double jeopardycan¶t be forced to incriminate yourself due process before deprived of life, liberty or propertyjust compensation for private property used for public use

6 ± speedy and public trialimpartial juryright to be informed of charges against you

right to confront witnesses against youuse of subpoena for defenseright to legal counsel

7 ± right to trial if value over $208 ± no excessive bail or fines

no cruel or unusual punishment

9 ± rights not listed in Constitution retained by People10 ± powers no listed for federal government reserved for states or People.



Other Amendments (dates for reference only)11th ± can't sue state in U.S. Federal courts (1798)

12th

± President and VP put on separate electoral ballots (1804)13th ± freed former slaves (1865)14th ± redefined citizenship to include blacks (1868)15th ± gave freed slaves right to vote (1870)16th ± created federal income tax (1913)17th ± senators now directly elected by citizens in state (1913)

18th

± Prohibition of alcohol (1919)19th ± gave women the vote (1920)20th ± moved time President takes office from March to January 20(Lame Duck Amendment) (1933)21st ± repeal of Prohibition (1933)22nd ± Limited President to serve 2 terms or 10 years (1951)

23rd

± People in Washington, D.C. can vote for President (1961)24th ± Got rid of poll taxes (tax paid in order to vote) (1964)25th ± set up Presidential disability succession (1967)26th ± 18 year olds can vote (1971)27th ± no pay raise for Congress until next term starts (1992)

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