JUDICIAL BRANCH UNIT Powers of the Courts. Powers to make Policy Interpretation of the Constitution...
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JUDICIAL BRANCH UNIT
Powers of the Courts
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Powers to make Policy
Interpretation of the Constitution or law.Extending reach of the existing law.Judges acting in administrative or legal
ways.
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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.
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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
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JUDICIAL BRANCH UNIT
Lower Federal Courts
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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
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Criminal Cases Civil Cases
Most criminal cases are tried in the state where crime was committed
DivorcesChild custodyContract
disputes
State Courts
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Structure of the State Court System
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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
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Appeals Court
Superior Court15 judges elected for 10 yr. termsCases heard by tribunalAppeals from Common Pleas
involving family, criminal and civil cases.
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State Supreme Court
7 judges elected for 10 yr. termAppeals from Superior and Commonwealth
CourtsHears appeals in all death penalty cases.
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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
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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)
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Federal Court Cases
Federal crimes and treatiesCivil suits between two individuals from
different states amounting over $75,000Maritime disputesReview federal agency actions
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Federal Appellate Courts
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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.
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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