Judicial Branch

The 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.

Three levels

National level Supreme Court - has power of judicial review Federal Courts - Try cases involving federal law and U.S. Constitutional questions

State level Supreme Court - Has power of judicial review over state laws Circuit courts - Try civil and criminal cases

Local Level Local Courts -Hear cases under the authority provided by state legislation

Court System The Court System is Broken into State and Federal Courts State courts deal mainly with State crimes Federal Courts deal with Federal Crimes

Court System Courts handle two types of Cases 1. Criminal: whether a law has been broken. 2. Civil: Disagreement between two parties

Organization 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.

JURISDICTION The court’s authority to hear and decide cases. Original: the authority to hear cases for the first time Concurrent: the authority for both federal and state courts to hear cases Exclusive: only the federal courts may hear certain types of cases (see next slide)

FEDERAL COURTS Types of cases heard 1. Cases involving the Constitution 2. Violations of federal law 3. Controversies between states. 4. Disputes between parties of different states 5. Suits involving the federal government 6. Cases involving foreign governments and treaties 7. Cases based on admiralty and maritime laws 8. Cases involving U.S. Diplomats

Federal Courts The federal courts has 3 different layers. Supreme Court U.S. Courts of Appeals U.S. District Courts The Judiciary Act of 1789 organized these courts

Federal Courts U.S. Supreme Court HIGHEST COURT Final court of appeals for both the state and federal courts It has some original jurisdiction The court normally chooses cases that have important constitutional issues The Supreme court has 9 Justices that decide the case

Federal 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

Federal Courts U.S. Court of Appeals There are no juries, witnesses, no examining of evidence There is a Panel of 3 Judges that decide whether the original trial was fair and the law was interpreted correctly They do not decide guilt or innocence

Federal Courts District Courts 94 District courts in the U.S. Each states has at least one court They have original jurisdiction 1 Judge, Jury, witnesses, etc

State Courts The state court has 3 different layers. State Supreme Court Courts of Appeals Trial Courts Circuit Courts/General District Court

State Courts Virginia Supreme Court Court of final appeal (appellate jurisdiction) Limited original jurisdiction Justices/no jury

State Courts Court of Appeals of Virginia Appellate jurisdiction from circuit courts Judges/no jury

State Courts Circuit Courts Original jurisdiction for felony criminal cases and for certain civil cases Appellate jurisdiction from General District Courts Judge and a Jury

State Courts General District courts Original jurisdiction for misdemeanors Civil cases for normally lower dollar amounts Judge

State Courts Juvenile and Domestic Relations District court Deals with Juvenile and family cases Judge but no jury

State Courts Magistrates Issue search warrants, subpoenas, arrest warrants, summons, and set bail

Judicial Review 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.

Judicial Review The 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.

Constitution The 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.