The organization and jurisdiction of federal and state courts 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. It is up to the courts to interpret the law and how it should be followed. www.niagara.edu

The Courts How 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.

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 bail. www.sccja.org

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 Original U.S. Court of Appeals Jurisdiction: Appellate U.S. District Court (Judge with jury) Jurisdiction: Original

The Courts What is judicial review? www.reviewjournal.com

The Courts The 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.

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 must conform to the U.S. Constitution and the Virginia State Constitution. www.archives.gov

The Courts Courts resolve two kinds of legal conflicts—civil and criminal. www.tribalresourcecenter.org

The Courts How and why does a criminal case come to court? Criminal 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.

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.

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 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.

The Courts Due process of law: The constitutional protection against unfair governmental actions and laws Due process protections 5th Amendment—Prohibits the national 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.