Virginia Federal Courts by xvd48382


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									                                COURT SYSTEMS!
                          STANDARD CE.8a: Federal and State Courts
The judicial function is exercised in a dual court system, which consists of state courts and federal

Virginia, like each of the other forty-nine states, has its own court system whose organization and
jurisdiction are derived from Virginia’s constitution and state laws.

                                       Virginia Court System

  Virginia Supreme Court                                                   Justice: judge
  (Justices/no jury)

  • Court of final appeal (Appellate jurisdiction)
  • Limited original jurisdiction
                                                                          Appeal: ask courts to
  Court of Appeals of Virginia                                            review your case
  (Judges/no jury)

  • Appellate jurisdiction from circuit courts

  Circuit Court                                                            Jurisdiction:
  (Judge and jury)                                                         authority to hear the
  • Original jurisdiction for felony criminal cases and for certain
  civil cases
  • Appellate jurisdiction from district courts
                                                                          misdemeanors: less
  General District Court                                                  serious crime

  • Original jurisdiction of misdemeanors
  • Civil cases generally involving lower dollar amounts
                                                                          juveniles: people
  Juvenile and Domestic Relations District Court                          under 18
  (Judge/no jury)

  • Juvenile and family cases

Magistrates issue search warrants, subpoenas, arrest warrants, and summons and set bail.

Subpoena: order         warrant: written             Summons: legal        Bail: give money to
to appear in court      order normally to            document to appear    get out of jail and wait
                        search                       in court              for your trial
        How are federal courts organized, and what jurisdiction does each exercise?

The United States has a separate court system whose organization and jurisdiction are derived
from the Constitution of the United States of America and federal laws.

                                   United States Court System

  U.S. Supreme Court
  (Justices/no jury)

  Jurisdiction: Appellate and Limited Original                     Supreme: Highest

  U.S. Court of Appeals
  (Justices/no jury)

  Jurisdiction: Appellate                                          Appellate: the next
                                                                   highest court can hear
                                                                   cases from the lower court
  U.S. District Court
  (Judge with jury)

  Jurisdiction: Original

                               STANDARD CE.8b: Judicial Review
                                      What is judicial review?

The power of judicial review is an important check on the legislative and executive branches of

Judicial Review: MARBURY v. MADISON
The supreme courts of the United States and Virginia determine the constitutionality of laws and
acts of the executive branch of government. This power is called judicial review.

Marbury v. Madison established the principle of judicial review at the national level.

The Constitution of the United States of America is the supreme law of the land.

State laws must conform to the Virginia and United States constitutions.

                            STANDARD CE.8c: Civil and Criminal Cases
            Courts resolve two kinds of legal conflicts—civil and criminal.

Criminal law:                                Civil law:

In a criminal case, a court determines       In a civil case, a court settles a
whether a person accused of breaking the     disagreement between two parties.
law is guilty or not guilty of a
misdemeanor or a felony.

Criminal procedure in felony cases:
                                             Procedure for civil cases:
• A person accused of a crime may be
arrested if the police have probable         • The plaintiff files a complaint to recover
cause.                                       damages or receive compensation.

• The accused may be committed to jail or    • Case can be heard by judge or jury.
released on bail.
                                             • Case can be appealed to the Court of
• The case proceeds to an arraignment        Appeals and the Supreme Court.
where probable cause is reviewed, the
defendant may be appointed an attorney,
and a plea is entered.                       Procedure for cases involving
• A court date is set and a trial is
conducted.                                   • Judges have greater latitude in handling
                                             juvenile cases.
• A guilty verdict may be appealed to the
Court of Appeals or directly to the          • Juveniles who commit serious crimes
Supreme Court in certain cases.              can be tried as adults.

                              STANDARD CE.8d: Due Process
Terms to know

Due process of law: The constitutional protection against unfair governmental actions and laws

Due process protections:

• 5th Amendment—Prohibits the national government from acting in an unfair manner

• 14th Amendment—Prohibits state and local governments from acting in an unfair manner

The Supreme Court has extended the due process clauses to protect the guarantees of the Bill of

           Charges                  Prison                Jail                  Fine


   Class 1 Felony            Death/Life           N/A                  $100,000

   Class 2 Felony            20 yrs to Life       N/A                  $100,000

   Class 3 Felony            5 to 20 yrs          N/A                  $100,000

   Class 4 Felony            2 to 10 yrs          N/A                  $100,000

   Class 5 Felony            1 to 10 yrs          Max 12 months        $2,500

   Class 6 Felony            1 to 5 yrs           Max 12 months        $2,500


   Class 1 Misdemeanor       N/A                  Max 12 months        $2,500

   Class 2 Misdemeanor       N/A                  Max 6 months         $1,000

   Class 3 Misdemeanor       N/A                  N/A                  $500

   Class 4 Misdemeanor       N/A                  N/A                  $250

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