The National Judiciary

The Framers wrote the judicial branch into the Consitution in Article III. It formed the national judiciary, or national court system. It gave Congress the power to set up other courts.

Who Hears What Cases?

The Constitution also gives federal courts jurisdiction over certain cases. Jurisdiction is the authority of a court to hear and decide a case. The federal courts have two kinds of jurisdiction. One is original jurisdiction. This describes a case a judge will hear for the first time in the federal court. The other is appellate jurisdiction. This describes a case that a lower court judge already heard. The federal court hears it on appeal. In other words, the case we be heard again, and the court will make its on decision.

The Constitution says the court can hear a case based on its subject matter or the people involved. If the subject deals with a constitutional matter, the case must be heard in a federal court. If the groups involved are the United States, a foreign government, or a State, the case must also be held in a federal court.

Congressmstarted different kinds of courts to deal with all kinds of cases. Constitutional courts, or regular courts, deal with matter related to the Constiitution. Other than the Supreme Court, these courts include the district courts and the courts of court appeals. Legislative courts, or special courts, deal with cases related to specific congressional powers, such as the Tax Court.

Federal Judges and Officers

The President selects federal judges. While a person's work record is important, the candidate's political views are also an important factor in whom the President chooses. The Senate must approve all court appointments.

Most judges of constitutional courts, such as the U.S. Supreme Court and the U.S. Court of Appeals, are appointed for life. This gives federal judges the freedom to decide cases fairly, without worrying about politics. Federal judges can be removed through impeachment, or formal charges of wrongdoing. Congress sets the pay for judges.

While the judges themselves hear and decide cases, other officials in the federal judiciary handle the day to day matters of the courts. The chart describes the court officers.

Other Court Officers:

Court Clerk: The officer with custody of the court who keepps a record of the court's proceedings. The clerk is assisted by deputy clerks, stenographers, bailiffs and others.

U.S. Magistrate: An officer who handles a number of legal matters that judges themselves used to do. This includes issuing arrest warrants and setting bail.

Bankruptcy Judge: An officer who handles bankrputcy cases at the direction of a district court.

U.S. Attorny: A presidential appointee for each federal judicial district who is responsible for trying all people charged with federal crimes.

U.S. Marshal: An officer who makes arrests, serves legal papers, and keeps order in the courtroom.