1 / 18

Powers of the Courts

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

sheba
Télécharger la présentation

Powers of the Courts

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Powers of the Courts Judicial branch unit

  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. Types of Law

  5. Types of Law 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

  6. Lower Federal Courts Judicial Branch Unit

  7. Makeup of the 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

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

  9. Structure of the State Court System

  10. State Courts State District Courts Common Pleas Courts Judges serve 6 yr. terms 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 Judges serve 10 yr. terms All major criminal and civil cases Hear appeals from lower courts

  11. 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.

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

  13. Pictured at left 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

  14. 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)

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

  16. Federal Appellate Courts

  17. 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.

  18. 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

More Related