The Courts The organization and jurisdiction of federal and state courts The Courts The judicial function is exercised in a dual court system, which consists of state courts and federal courts. www.niagara.edu It is up to the courts to interpret the law and how it should be followed. The Courts How are state Virginia, like each courts organized, of the other forty- and what nine states, has its jurisdiction does own court system each exercise? whose organization and jurisdiction are derived from Virginia’s constitution and state laws. Virginia Court System Virginia Supreme Court • (Justices/no jury) • Court of final appeal (Appellate jurisdiction) • Limited original jurisdiction Court of Appeals of Virginia • (Judges/no jury) • Appellate jurisdiction from circuit courts Circuit Court • (Judge and jury) • Original jurisdiction for felony criminal cases and for certain civil cases • Appellate jurisdiction from district courts General District Court • (Judge) • Original jurisdiction of misdemeanors • Civil cases generally involving lower dollar amounts Juvenile and Domestic Relations District Court • (Judge/no jury) • Juvenile and family cases The Courts Magistrates issue search warrants, subpoenas, arrest warrants, and summons and set www.sccja.org bail. United States Court System The United States U.S. Supreme Court has a separate • (Justices/no jury) court system • Jurisdiction: Appellate whose and Limited Original organization and U.S. Court of jurisdiction are Appeals derived from the • (Justices/no jury) Constitution of • Jurisdiction: Appellate the United States U.S. District Court of America and • (Judge with jury) federal laws. • Jurisdiction: Original The Courts What is judicial review? www.reviewjournal.com The Courts The supreme courts of Marbury v. Madison the United States and established the Virginia determine the principle of judicial constitutionality or review at the national legality of laws and level. acts of the executive It was a case decided branch of in 1803 by Chief government. This Justice John Marshall. power is called judicial review. The Courts 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. All acts of government www.archives.gov must conform to the U.S. Constitution and the Virginia State Constitution. The Courts Courts resolve two kinds of legal conflicts—civil and criminal. www.tribalresourcecenter. org The Courts How and why does Criminal law a criminal case • In a criminal case, come to court? a court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor or a felony. The Courts How and why does Civil law a civil case come • In a civil case, a to court? court settles a disagreement between two parties. The Courts Criminal procedure in felony cases A person accused of a crime may be arrested if the police have probable cause. The accused may be committed to jail or released on bail. The case proceeds to an arraignment where probable cause is reviewed, the defendant may be appointed an attorney, and a plea is entered. A court date is set and a trial is conducted. A guilty verdict may be appealed to the Court of Appeals or directly to the Supreme Court in certain cases. The Courts Procedure for civil cases The plaintiff files a complaint to recover damages or receive compensation. Case can be heard by judge or jury. Case can be appealed to the Court of Appeals and the Supreme Court. The Courts Procedure for cases involving juveniles Judges have greater latitude in handling juvenile cases. Juveniles who commit serious crimes can be tried as adults. The Courts The right to due No person …nor shall be process of the law compelled in any criminal case to be a witness is outlined in the against himself, nor be 5th and 14th deprived of life, liberty, Amendments to or property, without due the Constitution of process of law the United States …nor shall any State of America. deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Courts Due process of law: Due process The constitutional protections protection against 5th Amendment— unfair governmental Prohibits the national actions and laws government from acting in an unfair manner 14th Amendment— Prohibits state and local governments from acting in an unfair manner The Courts The Supreme Court has extended the due process clauses to protect the guarantees of the Bill of Rights.