Presentation on theme: "DUAL COURT SYSTEM. Dual means 2. The dual court system is the way we have worked out to handle all court cases in the US. If you break a national law,"— Presentation transcript:
DUAL COURT SYSTEM
Dual means 2. The dual court system is the way we have worked out to handle all court cases in the US. If you break a national law, you will go to the US Court system If you break a state or local law, you will go to the state court system.
FEDERAL COURTS The US Constitution lays out how the US Court system will work. There are 3 levels (or tiers) to the US Court system: 1.US District Court 2.US Court of Appeals 3.US Supreme Court
US DISTRICT COURT It has a Judge at all times. It can have a jury. It has original jurisdiction over all cases involving federal law. It has no appellate jurisdiction
US COURT OF APPEALS US Court of appeals has appellate jurisdiction over all cases from the US District court. If you believe the US District court made a mistake of some kind, you can ask the Court of appeals to look over the case and make a decision No original jurisdiction. No case starts at the US Court of Appeals
US SUPREME COURT US Supreme Court has appellate jurisdiction over all Court of Appeals decisions. US Supreme Court has LIMITED original jurisdiction. Very few cases can start here. It also has the power of Judicial review (declaring laws to be unconstitutional). Only the US Supreme Court has that power.
STATE COURTS All states set up their courts based on how their constitution lays it out Hear cases involving State and local laws Virginia has a tiered (leveled) system just like the US courts, except Virginia uses 4 levels 1. Virginia General District court 2. Virginia Circuit court 3. Virginia Court of Appeals 4. Virginia Supreme court
GENERAL DISTRICT Judge-No Jury Small cases Original jurisdiction over misdemeanor cases Misdemeanor-If found guilty, you can serve no MORE than one year in jail. Original jurisdiction over small civil cases (A case where you are seeking money) Includes Juvenile and Domestic relations court (court cases for children and families)
CIRCUIT COURT Judge and sometimes jury Original jurisdiction over felony cases Felony- A case where you could serve more than a year in jail. Original Jurisdiction over large civil cases Appellate jurisdiction over cases from General District court
VIRGINIA COURT OF APPEALS Panel of Judges-no jury Appellate jurisdiction over circuit court cases No original jurisdiction
VIRGINIA SUPREME COURT Justices-no jury Appellate jurisdiction over cases from court of appeals Some Original jurisdiction If a case goes through the Virginia Supreme court it is over unless you think the VA law goes against the US Constitution. Then you can take the case to the US Supreme Court.
CRIMINAL VS. CIVIL CASES In a criminal case, the court is trying to decide if you have broken the law. In a civil case, you have been hurt and want money for damages In a criminal case, you are either guilty or not guilty. In a civil case, you are either responsible or not responsible for causing pain/hurt.
DUE PROCESS Due process-The idea that the government has to treat you in a fair way. Due process means that the government will go through the proper steps before arresting you. The police either need to see you do something wrong or have proof that you are doing something wrong. This is called “probable cause”. If the police have probable cause, they need to get a judge or magistrate to sign a warrant allowing them to arrest you.
DUE PROCESS Due process was promised to us in the 5 th Amendment. The 5 th Amendment protects us from unfair actions by the National government The 14 th Amendment protects us from unfair treatment by the states.
JUDICIAL REVIEW Judicial review is not found in the Constitution. It was set up by a court case called Marbury vs. Madison. The Virginia Supreme Court has the power to declare laws in Virginia unconstitutional as well.