Unit 6: Our Court System
10a: How are federal courts organized, and what jurisdiction does each exercise?
The United Stateshas a court system whose organization and jurisdiction are derived from the Constitution of the United States and federal laws.
· U.S. Supreme Court: Justices, no jury; appellate jurisdiction; limited original jurisdiction
· U.S. Court of Appeals: Judges, no jury; appellate jurisdiction
· U.S. District Court: Judge, with or without jury; original jurisdiction
· U.S. Supreme Court: Justices, no jury; appellate jurisdiction; limited original jurisdiction
· U.S. Court of Appeals: Judges, no jury; appellate jurisdiction
· U.S. District Court: Judge, with or without jury; original jurisdiction
10a: How are state courts organized, and what jurisdiction does each exercise?
Virginia, like each of the other 49 states, has its own separate court system whose organization and jurisdiction are derived from Virginia’s constitution and state laws.
· Virginia Supreme Court: Justices, no jury; appellate jurisdiction; limited original jurisdiction
· Court of Appeals of Virginia: Judges, no jury; appellate jurisdiction to review decisions of circuit courts
· Circuit court: Judge, with or without jury; original jurisdiction for felony criminal cases and for certain
civil cases; appellate jurisdiction from district courts
* General district court, and juvenile and domestic relations court: Judge, no jury; original jurisdiction for misdemeanors in civil cases generally involving lower dollar amounts and original jurisdiction in juvenile and family cases
· Virginia Supreme Court: Justices, no jury; appellate jurisdiction; limited original jurisdiction
· Court of Appeals of Virginia: Judges, no jury; appellate jurisdiction to review decisions of circuit courts
· Circuit court: Judge, with or without jury; original jurisdiction for felony criminal cases and for certain
civil cases; appellate jurisdiction from district courts
* General district court, and juvenile and domestic relations court: Judge, no jury; original jurisdiction for misdemeanors in civil cases generally involving lower dollar amounts and original jurisdiction in juvenile and family cases
10b: What is judicial review?
The power of judicial review is an important check on the legislative and executive branches of government.
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. This means that no federal, state, or local law may go against the Constitution.
State laws must conform (comply/agree with) to the Virginia and United States constitutions.
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. This means that no federal, state, or local law may go against the Constitution.
State laws must conform (comply/agree with) to the Virginia and United States constitutions.
10c: How are criminal and civil cases similar and different?
Criminal case (Breaking the law)
· In a criminal case, a court determines whether a person accused of breaking the law is guilty or not
guilty of a misdemeanor or a felony.
Procedure for criminal cases
· A person accused of a crime may be arrested if the police have probable cause (reasonable belief that the accused is guilty).
· The accused may be committed to jail or released on bail (money paid).
· The case proceeds to an arraignment where probable cause is reviewed, an attorney may be appointed
for the defendant, and a plea (usually guilty or not guilty) is entered.
· A court date is set, and a trial is conducted.
· A guilty verdict may be appealed.
Civil case (Suing for money/other)
· In a civil case, a court settles a disagreement between two parties to recover damages or receive
compensation.
Procedure for civil cases
· The plaintiff files a complaint to recover damages or receive compensation.
· Cases can be heard by a judge or a jury (this depends on the court, which depends on the amount the plaintiff is suing over).
Cases can be appealed.
· In a criminal case, a court determines whether a person accused of breaking the law is guilty or not
guilty of a misdemeanor or a felony.
Procedure for criminal cases
· A person accused of a crime may be arrested if the police have probable cause (reasonable belief that the accused is guilty).
· The accused may be committed to jail or released on bail (money paid).
· The case proceeds to an arraignment where probable cause is reviewed, an attorney may be appointed
for the defendant, and a plea (usually guilty or not guilty) is entered.
· A court date is set, and a trial is conducted.
· A guilty verdict may be appealed.
Civil case (Suing for money/other)
· In a civil case, a court settles a disagreement between two parties to recover damages or receive
compensation.
Procedure for civil cases
· The plaintiff files a complaint to recover damages or receive compensation.
· Cases can be heard by a judge or a jury (this depends on the court, which depends on the amount the plaintiff is suing over).
Cases can be appealed.
10d: How do the due process protections ensure justice?
Terms to know
· due process of law: The constitutional protection against unfair governmental actions and laws (in other words, the government must respect all the legal rights owed to a person)
Due process protections
· The 5th Amendment prohibits the national government from acting in an unfair manner
· The 14th Amendment prohibits state and local governments from acting in an unfair manner
The Supreme Court has extended the guarantees of the Bill of Rights, based upon the due process clause.
· due process of law: The constitutional protection against unfair governmental actions and laws (in other words, the government must respect all the legal rights owed to a person)
Due process protections
· The 5th Amendment prohibits the national government from acting in an unfair manner
· The 14th Amendment prohibits state and local governments from acting in an unfair manner
The Supreme Court has extended the guarantees of the Bill of Rights, based upon the due process clause.