Powers of the Courts
JUDICIAL BRANCH UNIT
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 branches
 Today the court is conservative- 5-4
 Loose Constructionist: judges take liberal view of
Constitution and allow for greater interpretation

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Apply law to current context of society
Judges are considered liberal.
Types of Law
Criminal Law
Civil Law
 Offenses against
 Revolve around
society or harm an
individual.
 Charges brought
up by the gov’t.
 Examples: Murder,
Assault, Robbery
relationships
between 2 or more
groups/individuals.
 Charges can be
brought up by the
people or gov’t.
 Examples: Child
custody, Marriage
Lower Federal Courts
JUDICIAL BRANCH UNIT
Makeup of the Courts
Dual System
Three-Tier System
 Made up of both state
 Trial Courts: most civil
or criminal cases begin
and federal courts
 Appellate Courts: hear
and determine appeals
from the decisions of the
Trial Courts
 Supreme or High
Courts: last resort
whose rulings cannot be
challenged
State Courts
Criminal Cases
Civil Cases
 Most criminal cases
 Divorces
are tried in the state
where crime was
committed
 Child custody
 Contract disputes
Structure of the State Court System
State Courts
State District Courts
Common Pleas Courts
 Judges serve 6 yr. terms
 Judges serve 10 yr.
 3rd degree
misdemeanors, and civil
cases less than $4,000
 DUI cases
 Arrangements and bail
 Will determine if case
should be heard by
higher court
terms
 All major criminal and
civil cases
 Hear appeals from
lower courts
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.
State Supreme Court
 7 judges elected for 10 yr. term
 Appeals from Superior and Commonwealth Courts
 Hears appeals in all death penalty cases.
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 System
Federal Court
 US District Courts
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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 treaties
 Civil suits between two individuals from different
states amounting over $75,000
 Maritime disputes
 Review 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