2The Judicial Branch is like the other two branches The Judicial Branch is like the other two branches. It exists at the 3 levels of government.As the other branches are broken up into section, we will see that the Judicial Branch has parts that have certain functions.
4National level Supreme Court - has power of judicial review Federal Courts - Try cases involving federal law and U.S. Constitutional questions
5State levelSupreme Court - Has power of judicial review over state lawsCircuit courts - Try civil and criminal cases
6Local LevelLocal Courts -Hear cases under the authority provided by state legislation
7Court System The Court System is Broken into State and Federal Courts State courts deal mainly with State crimesFederal Courts deal with Federal Crimes
8Court System Courts handle two types of Cases 1. Criminal: whether a law has been broken.2. Civil: Disagreement between two parties
9Organization and Jurisdiction of Federal and State Courts The United States has a separate court system whose organization and jurisdiction are derived from the Constitution and federal laws.The Judicial Branch is exercised in a duel court system, which consists of state and federal courts.
10JURISDICTION The court’s authority to hear and decide cases. Original: the authority to hear cases for the first timeConcurrent: the authority for both federal and state courts to hear casesExclusive: only the federal courts may hear certain types of cases (see next slide)
11FEDERAL COURTS Types of cases heard 1. Cases involving the Constitution2. Violations of federal law3. Controversies between states.4. Disputes between parties of different states5. Suits involving the federal government6. Cases involving foreign governments and treaties7. Cases based on admiralty and maritime laws8. Cases involving U.S. Diplomats
12Federal Courts The federal courts has 3 different layers. Supreme CourtU.S. Courts of AppealsU.S. District CourtsThe Judiciary Act of 1789organized these courts
13Federal Courts U.S. Supreme Court HIGHEST COURT Final court of appeals for both the state and federal courtsIt has some original jurisdictionThe court normally chooses cases that have important constitutional issuesThe Supreme court has 9 Justices that decide the case
15Federal Courts U.S. Court of Appeals 12 Appellate Courts These twelve courts are divided into regions which are called circuits. They take cases from the district court in their regions.There is a 13th court of appeals that deals with special federal courts and agencies of the Executive Branch
16Federal Courts U.S. Court of Appeals There are no juries, witnesses, no examining of evidenceThere is a Panel of 3 Judges that decide whether the original trial was fair and the law was interpreted correctlyThey do not decide guilt or innocence
22State Courts Virginia Supreme Court Court of final appeal (appellate jurisdiction)Limited original jurisdictionJustices/no jury
23State Courts Court of Appeals of Virginia Appellate jurisdiction from circuit courtsJudges/no jury
24State Courts Circuit Courts Original jurisdiction for felony criminal cases and for certain civil casesAppellate jurisdiction from General District CourtsJudge and a Jury
25State Courts General District courts Original jurisdiction for misdemeanorsCivil cases for normally lower dollar amountsJudge
26State Courts Juvenile and Domestic Relations District court Deals with Juvenile and family casesJudge but no jury
27State Courts Magistrates Issue search warrants, subpoenas, arrest warrants, summons, and set bail
28Judicial ReviewThe Supreme courts of the United States and Virginia determine the constitutionality of laws and acts of the executive branch of governmentThis power is called judicial review.
29Judicial ReviewThe power of judicial review is an important check on the legislative and executive branches of government.Marbury v. Madison established the principle of judicial review at the national level.
30ConstitutionThe Constitution of the United States of America is the supreme law of the land.State laws must conform to the Virginia and U.S. Constitutions.