1. JUDICIAL BRANCH UNIT Powers of the Courts

2. Powers to make Policy Interpretation of the Constitution or law. Extending reach of the existing law. Judges acting in administrative or legal ways.

3. Interpreting Laws Strict Constructionist: judges are bound by wording of Constitution  Gives more power to executive and legislative branches Today the court is conservative- 5-4 Loose Constructionist: judges take liberal view of Constitution and allow for greater interpretation  Apply law to current context of society  Judges are considered liberal.

4. 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

5. JUDICIAL BRANCH UNIT Lower Federal Courts

6. 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

7. Criminal Cases Civil Cases Most criminal cases are tried in the state where crime was committed Divorces Child custody Contract disputes State Courts

8. Structure of the State Court System

9. State District Courts Common Pleas Courts Judges serve 6 yr. terms 3 rd degree misdemeanors, and civil cases less than $4,000 DUI cases Arrangements and bail Will 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

10. Appeals Court Superior Court  15 judges elected for 10 yr. terms  Cases heard by tribunal  Appeals from Common Pleas involving family, criminal and civil cases.

11. State Supreme Court 7 judges elected for 10 yr. term Appeals from Superior and Commonwealth Courts Hears appeals in all death penalty cases.

12. 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

13. 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)

14. Federal Court Cases Federal crimes and treaties Civil suits between two individuals from different states amounting over $75,000 Maritime disputes Review federal agency actions

15. Federal Appellate Courts

16. 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.

17. 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