JUDICIAL BRANCH UNIT

Powers of the Courts

Powers to make Policy

Interpretation of the Constitution or law.Extending reach of the existing law.Judges acting in administrative or legal

ways.

Interpreting Laws

Strict Constructionist: judges are bound by wording of Constitution Gives more power to executive and legislative

branchesToday the court is conservative- 5-4Loose Constructionist: judges take liberal

view of Constitution and allow for greater interpretation Apply law to current context of society Judges are considered liberal.

Criminal Law Civil Law

Offenses against society or harm an individual.

Charges brought up by the gov’t.

Examples: Murder, Assault, Robbery

Revolve around relationships between 2 or more groups/individuals.

Charges can be brought up by the people or gov’t.

Examples: Child custody, Marriage

Types of Law

JUDICIAL BRANCH UNIT

Lower Federal Courts

Dual System Three-Tier System

Made up of both state and federal courts

Trial Courts: most civil or criminal cases begin

Appellate Courts: hear and determine appeals from the decisions of the Trial Courts

Supreme or High Courts: last resort whose rulings cannot be challenged

Makeup of the Courts

Criminal Cases Civil Cases

Most criminal cases are tried in the state where crime was committed

DivorcesChild custodyContract

disputes

State Courts

Structure of the State Court System

State District Courts Common Pleas Courts

Judges serve 6 yr. terms3rd degree

misdemeanors, and civil cases less than $4,000

DUI casesArrangements and bailWill determine if case

should be heard by higher court

Judges serve 10 yr. terms

All major criminal and civil cases

Hear appeals from lower courts

State Courts

Appeals Court

Superior Court15 judges elected for 10 yr. termsCases heard by tribunalAppeals from Common Pleas

involving family, criminal and civil cases.

State Supreme Court

7 judges elected for 10 yr. termAppeals from Superior and Commonwealth

CourtsHears appeals in all death penalty cases.

Federal Court System

Pictured at right is the three-tiered system of the federal courts. The hierarchy of the courts are, from the top down, the Supreme Court, the Court of Appeals, and the District Court

Federal Court

US District Courts Judges nominated by Pres., confirmed by Senate. Handles most federal cases Over 700 judges throughout U.S. 89 Courts in the 50 states. 5 courts exist in areas outside of the states in the 5 U.S.

territories. (PR)

Federal Court Cases

Federal crimes and treatiesCivil suits between two individuals from

different states amounting over $75,000Maritime disputesReview federal agency actions

Federal Appellate Courts

Selection of Federal Judges

Senatorial Courtesy (federal district judges) in home state.

Litmus Test: examine personal views, rulings on controversial issues.

Nominations based on President’s political party affiliation.

Interest groups will pressure gov’t on nominations.

Selection of Federal Judges

American Bar Association rates judges based on their rulings and decision from the past Qualified, Not Qualified, Well-Qualified

Race, gender and religion considered in order to “balance” the court

Supreme Court nominees usually come from US Court of Common Appeals