POS 2041 Chapter Notes - Chapter 10: Judiciary Act Of 1789, Concurrent Jurisdiction, Judicial Activism
27 Aug 2016
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Constitutional basis: article iii: creates one supreme court. Judiciary act of 1789: original and appellate jurisdiction, appointed by potus; senate approval. Serve for good behavior : no set number of judges, no mention of judicial review. Development: role of the courts: originally. Rule on existing law do not make law. Purpose of a case was not to learn what the judge believes but what the law requires: now. No longer rule on existing law make the law. Alexander hamilton: judiciary shall be the weakest branch. Where do courts originate: scotus = us constitution, federal courts = judiciary act of 1789; congress, state courts = state legislatures. Jurisdiction over state laws: supreme court has final authority over both courts, cases of dual sovereignty (concurrent jurisdiction): when tried in both federal and state. Jurisdiction: original jurisdiction: authority of a court to hear a case first, appellate jurisdiction: authority to review decision of lower court.
