Presentation on theme: "The organization and jurisdiction of federal and state courts"— Presentation transcript:
1 The organization and jurisdiction of federal and state courts The CourtsThe organization and jurisdiction of federal and state courts
2 The CourtsThe judicial function is exercised in a dual court system, which consists of state courts and federal courts.It is up to the courts to interpret the law and how it should be followed.
3 The CourtsHow are state courts organized, and what jurisdiction does each exercise?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.
4 Virginia Court System Virginia Supreme Court (Justices/no jury)Court of final appeal (Appellate jurisdiction)Limited original jurisdictionCourt of Appeals of Virginia(Judges/no jury)Appellate jurisdiction from circuit courtsCircuit Court(Judge and jury)Original jurisdiction for felony criminal cases and for certain civil casesAppellate jurisdiction from district courtsGeneral District Court(Judge)Original jurisdiction of misdemeanorsCivil cases generally involving lower dollar amountsJuvenile and Domestic Relations District Court(Judge/no jury)Juvenile and family cases
5 The CourtsMagistrates issue search warrants, subpoenas, arrest warrants, and summons and set bail.
6 United States Court System 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.U.S. Supreme Court(Justices/no jury)Jurisdiction: Appellate and Limited OriginalU.S. Court of AppealsJurisdiction: AppellateU.S. District Court(Judge with jury)Jurisdiction: Original
8 The CourtsThe supreme courts of the United States and Virginia determine the constitutionality or legality 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.It was a case decided in 1803 by Chief Justice John Marshall.
9 The CourtsThe 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 must conform to the U.S. Constitution and the Virginia State Constitution.
10 The CourtsCourts resolve two kinds of legal conflicts—civil and criminal.
11 The Courts How and why does a criminal case come to court? Criminal lawIn 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.
12 The Courts How and why does a civil case come to court? Civil law In a civil case, a court settles a disagreement between two parties.
13 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.
14 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.
15 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.
16 The CourtsThe right to due process of the law is outlined in the 5th and 14th Amendments to the Constitution of the United States of America.No person …nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law…nor shall any State 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.
17 The CourtsDue process of law: The constitutional protection against unfair governmental actions and lawsDue process protections5th Amendment—Prohibits the national government from acting in an unfair manner14th Amendment—Prohibits state and local governments from acting in an unfair manner
18 The CourtsThe Supreme Court has extended the due process clauses to protect the guarantees of the Bill of Rights.