Virginia and Federal Court Systems Amy Edwards Harte An Overview of the Virginia and Federal Court Systems and Contemporary Issues http://www.oyez.com/

Disclaimer This material is presented with the understanding that the author does not render any legal or other professional services. It is intended for presentation in an educational setting. Because of the rapidly changing nature of the law, information contained in this publication may become outdated. Please consult an attorney to address specific legal matters. In no event will the author be liable for any direct, indirect or consequential damages resulting from the use of this material. 2009 All rights reserved. This material cannot be reproduced or used without the consent of Amy Edwards Harte.

What do you know about Virginia government? Executive Legislative Judicial Checks and Balances?

What do you know about U.S. government Executive Legislative Judicial Checks and balances?

Introduction to the Federal and Virginia State Court Systems

Virginia State Courts Organizational Structure Circuits and Districts Jurisdiction Citizen Involvement

Virginia Judiciary Organizational Chart June 2009 cib,pdf from http://www.courts.state.va.us/

Virginia State Courts Supreme Court Court of Appeals Circuit Courts General District Courts Juvenile and Domestic Relations Courts

Virginia State Courts The Supreme Court Highest court in the judicial system of the Commonwealth. Per Article VI of the Constitution of Virginia, the primary purpose -- review decisions of lower courts in which appeals have been allowed. Decides the constitutionality of laws and determines whether the laws are being properly applied and interpreted. Seven judges, each of whom has the title of Justice. Justices are elected by the joint vote of the two houses of the General Assembly for twelve-year terms. Clerk of the Supreme Court --administers oaths and maintains files of pending cases and of decisions rendered by the Court. The Executive Secretary, appointed by the Court -- Day-to-day administration of the judicial branch of state government.

Justices of the Supreme Court of Virginia Chief Justice The Honorable Leroy Rountree Hassell, Sr. Expiration of term: January 31, 2014 Justices The Honorable Barbara Milano Keenan Expiration of term: June 30, 2015 The Honorable Lawrence L. Koontz, Jr. Expiration of term: August 15, 2019 The Honorable Cynthia D. Kinser Expiration of term: January 31, 2010 The Honorable Donald W. Lemons Expiration of term: March 16, 2012 The Honorable S. Bernard Goodwyn Expiration of term: February 8, 2020 The Honorable LeRoy F. Millette, Jr. Expiration of term: January 31, 2021 Senior Justices The Honorable Harry L. Carrico The Honorable Roscoe B. Stephenson, Jr. The Honorable Charles S. Russell The Honorable Elizabeth B. Lacy

Leroy R. Hassell Sr. is the first black chief justice of the Virginia Supreme Court and the first to be chosen by the other members of the court.

Virginia State Courts The Court of Appeals **Intermediate appellate review of all decisions of the circuit courts traffic infractions and in criminal cases. (But does not hear criminal cases ,where a sentence of death has been imposed.) **Domestic relations matters and appeals from administrative agencies. **Workers’ Compensation Commission cases. **Criminal and traffic infraction appeals are presented by a petition for appeal, All other appeals to the Court of Appeals are a matter of right. Other civil decisions of the circuit court are appealed directly to the Supreme Court by petition for appeal. . **The Court of Appeals sits at such locations as the chief judge designates, convenient access to the various geographic areas of the Commonwealth. The Panels of three judges, and the membership of the panels is rotated. Eleven judges of the Court of Appeals are elected by the General Assembly for a term of eight years.

Virginia State Courts The Circuit Courts Original and appellate jurisdiction in criminal offenses and civil cases. Sole power to appoint electoral boards in districts where such courts are located and are courts of record. Thirty-one circuits in Virginia. Each circuit is presided over by two or more judges. Judges are elected by the General Assembly for eight-year terms. The Clerk is the chief administrative officer of a circuit court and is a constitutional officer with various in-court and out-of-court duties. The Clerk is popularly elected for a term of eight years.

Circuit Courts of Virginia Trial court with the broadest powers in Virginia. These are courts of record and can have jury trials. Civil Cases: Handles all civil cases with claims of more than $15,000. It shares authority (concurrent) with the general district court to hear claims between $4,500 and $15,000. Handles family matters, including divorce. Hears cases appealed from the general district court and from the juvenile and domestic relations district court. Criminal Cases: Hears serious criminal cases called felonies. Hears appeals of misdemeanors. Circuit court in each city and county in Virginia.

Courts of the 6th Judicial Circuit of Virginia General District Courts Brunswick Emporia Greensville Hopewell Prince George Surry Sussex Circuit Courts Brunswick Greensville Hopewell Prince George Surry Sussex Juvenile and Domestic Relations District Courts Brunswick Emporia Greensville Hopewell Prince George Surry Sussex June 2009 http://www.courts.state.va.us/courts/maps/circuit6.html

General District Courts Virginia State Courts General District Courts Virginia's unified district court system consists of the general district and the juvenile and domestic relations district courts. Within the 32 districts of the state, there are general district courts and juvenile and domestic relations district courts in every city and county. The General District Court decides all criminal offenses involving ordinances laws, and by-laws of the county or city where it is located and all misdemeanors under state law. A misdemeanor is any charge which carries a penalty of no more than one year in jail or a fine of up to $2,500, or both. The district courts do not conduct jury trials. All cases are heard by a judge. Each defendant in a criminal case is presumed innocent until proven guilty beyond a reasonable doubt. Upon consideration of evidence, the judge decides the question of guilt or innocence and on a finding of guilt determines which penalty, as set by the Code, is proper and lawful. The general district court decides civil cases in which the amount in question does not exceed $15,000. Civil cases vary from suits for damages sustained in automobile accidents to suits by creditors to receive payment on past due debts. In Virginia, claims for less than $4,500 can be initiated only in general district courts. A separate small claims division has jurisdiction over civil actions when the amount claimed does not exceed $5,000. The general district court also hears cases in which a person is charged with a traffic infraction offense. If convicted of certain traffic violations, the Virginia Department of Motor Vehicles will assess points against the person's driver's license. This is in addition to any fine imposed by the judge.

Preliminary Hearings The general district court holds preliminary hearings in felony cases, that is, any charge which may be punishable by more than one year in jail. These hearings are held to determine whether there is sufficient evidence to justify holding the defendant for a grand jury hearing. The grand jury determines whether the accused will be indicted and held for trial in the Circuit Court.

Juvenile and Domestic Relations District Court The Juvenile and Domestic Relations District Court in Virginia handles cases involving: juvenile delinquency and status offenses juveniles accused of traffic violations children in need of services or supervision children who have been subjected to abuse or neglect adults accused of child abuse or neglect, or of offenses against members of their own family or household members (juvenile or adult) adults involved in disputes concerning the visitation, support or custody of a child spousal support abandonment of children foster care and entrustment agreements court-ordered rehabilitation services court consent for certain medical treatments

Juveniles In Virginia, a juvenile is any person under 18. A delinquent is a juvenile who has committed an act which would be a crime if committed by an adult. A status offender is a juvenile who has committed certain actions which, if committed by adults, would not be considered criminal offenses - such as a curfew violation, while a “child in need of supervision” is one who engages in truancy or habitually run s away from home. Child abuse and neglect cases involve the improper care or injurious handling of juveniles. Juvenile courts differ from other courts in their duty to protect the confidentiality of juveniles coming before the court, and in their commitment to rehabilitate or treat, rather than punish, those who come before the court while protecting the community against harmful acts and holding offenders accountable. The welfare of the child and the family, the safety of the community and the protection of victims' rights are the paramount concern s in the court's proceedings. Because of the confidentiality laws, the clerk's office can only provide limited information about a case and then only to those people involved with the case.

Appeals from GDC and J&DR Courts Both General District Court and Juvenile and Domestic Relations Courts permit all parties subject to the court order or judgment to appeal the decision to the Circuit Court. Appeals must be noted with the clerk within 10 days of the court's decision. Cases appealed to the circuit court are reheard de novo (as completely new cases).

Map of Virginia Judicial Circuits and Districts 6/2009 http://www.courts.state.va.us/courts/maps/home.html

Map of Virginia’s Magisterial Districts June 2009 http://www.courts.state.va.us/courtadmin/aoc/djs/programs/mag/map/home.html

District Courts of Virginia The court that most people have contact with is the general district court. The general district court handles most traffic violations. The general district court also hears minor criminal cases known as misdemeanors and conducts preliminary hearings for more serious criminal cases called felonies. General district courts have exclusive authority to hear civil cases with claims of $4,500 or less and share authority with the circuit courts to hear cases with claims between $4,500 and $15,000. Examples of civil cases are landlord and tenant disputes, contract disputes and personal injury actions. There is a general district court in each city and county in Virginia. General district court judges are elected by the General Assembly for 6 year terms.

Types of Cases General District Court Civil Cases. Involves amounts of money up to $15,000. Unlawful detainer (eviction) suits that include a request for rent can be heard by the general district court if the amount of rent requested is more than $15,000. A suit is begun by filing a civil warrant or complaint with the clerk of the court and paying a fee. Criminal Cases. The general district court decides misdemeanor cases. A misdemeanor is any charge which carries a penalty of no more than one year in jail or a fine of up to $2,500, or both. Judge decides the question of guilt or innocence and on a finding of guilt determines which penalty, if any, is proper and lawful. The general district court holds preliminary hearings in felony cases. Any charge which may be punishable by more than one year in jail is called a felony. Preliminary hearings in felony cases are held to determine whether there is enough evidence to justify holding the defendant for a grand jury hearing. Traffic Cases. The general district court hears cases in which a person is charged with a traffic offense.

Virginia General District Court Manual To Understand Your Visit To Court You Should Know: It is the court's wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accord with the ideals of American justice. By law, the court must apply rules of procedure and evidence to each case it hears. These procedures are applied uniformly, without regard to personal considerations. The judge is sworn to enforce without favor the laws of the commonwealth and community, which are made by the people for the protection of all. The general district court does not conduct jury trials. All cases in this court are heard by a judge. Jury trials are held only in a circuit court, as provided by the state constitution. The Code of Virginia defines criminal offenses and sets penalties. For many offenses the penalty prescribed is a fine. Fines collected for violations of city, town, or county ordinances are paid into the treasury of the city, town, or county whose ordinance has been violated. All fines collected for violation of state law are paid into the state Department of the Treasury. The amount of court costs is set by the State legislature, and the court cannot suspend or waive costs. Judges, clerks, and magistrates are salaried with public funds and they collect no individual fees. The court is not operated to produce revenue.

Why Are You In Court? You are appearing in court for one of the following reasons: You are a plaintiff because you filed a civil suit, or You are a complainant because you have caused criminal charges to be brought against someone, or You are a defendant because someone is suing you, or you have been charged with a traffic violation or a criminal offense, or You are a witness who has been called to testify.

Your Rights In Court You have the right to retain and be represented by your own lawyer in all matters before the court. However, you may waive representation by counsel and represent yourself. If you are charged with a crime for which the penalty includes the possibility of a jail sentence, and you state that you are indigent and cannot afford a lawyer, the judge will examine your financial status. Based on results of the examination, and your financial statement under oath that you cannot afford an attorney, the judge may assign an attorney to represent you, in which event the cost of such attorney may be incorporated as court costs if you are found guilty. If you are the complainant in a criminal proceeding, the Commonwealth's attorney, who represents the state, will normally prosecute the case. You have the right to have the clerk's office subpoena witnesses to appear on your behalf in court. You may ask for a continuance if you have good cause to have your case put off until a later date, though the judge does not have to grant your request.

Warrant In Debt General District Court

Warrant In Debt Page 2

Federal Courts Organizational Structure Circuits and Districts Jurisdiction Citizen Involvement Spottswood W. Robinson III and Robert R. Merhige Jr. United States Courthouse

May 2009 www.uscourts.gov/outreach/resources/structure/structure.html Federal Court System May 2009 www.uscourts.gov/outreach/resources/structure/structure.html

United States Supreme Court Justices June 2009 http://www.oyez.org/sites/default/files/courts/roberts/robt2/photograph/robt2-photograph.jpg

(Note that this is a Circuit Court in Virginia) How a Case Travels to the U.S. Supreme Court (Note that this is a Circuit Court in Virginia)

May 2009 www.usfederalcourts.net/CircuitMap.pdf Federal Courts Map May 2009 www.usfederalcourts.net/CircuitMap.pdf

Federal Courts in a Nutshell What Every Citizen Should Know about the Federal Courts Ten Key Facts 1. The Constitution of the United States gives ultimate power to the people, not to the government. 2. The Constitution created a government structure known as federalism, which requires the sharing of power between the federal government and the governments of each of the 50 states. 3. Under federalism, there are two types of court systems— federal and state. Federal courts have jurisdiction over issues mentioned or implied in the Constitution. The state courts have jurisdiction over matters not mentioned in the Constitution and those not specifically denied to the states by the Constitution. 4. The Constitution established three branches of government - the legislative, executive, and judicial. Courts are the judicial branch. As a co-equal branch of government, the judicial Branch is independent of the legislative and executive branches. Courts have the authority to interpret the law based on the Constitution without pressure from the other two branches. 5. Federal courts have the power of judicial review. This means they can review acts of Congress and actions of the President to ensure that they are permitted by the Constitution. If they are not, the Supreme Court of the United States declares such acts or actions unconstitutional, and they do not have the force of law.

June 2009 www.uscourts.gov/outreach/resources/federalcourtnutshell.htm 6. The federal courts hear both civil and criminal cases. Civil cases involve disputes between private individuals, such as contract disputes. Criminal cases involve offenses against the whole community or society, such as murder. Courts follow different procedures in civil and criminal cases. 7. Within the federal and state court systems, there are two levels—trial courts and appellate courts. Trial courts, called U.S. District Courts, are courts of original jurisdiction. They are the first courts to hear either a civil or criminal case. If parties are not satisfied with the decision of a trial court, they may ask an appellate court, called a U.S. Circuit Court of Appeals, to review the trial court decision. 8. If parties are not satisfied with the decision of the U.S. Circuit Court of Appeals, they may appeal to the Supreme Court of the United States. The Supreme Court selects the cases it will hear. The Supreme Court is the final interpreter of the U.S. Constitution because it is the highest court in the land. 9. In addition to the judges, many other people work together to ensure the success of the judicial system. These include court staff, U.S. attorneys, federal public defenders, lawyers in private practice, and U.S. Marshals. 10. Citizens play a crucial role in the American judicial system. They help to ensure the fair and impartial administration of justice by participating directly in the work of the courts as jurors, witnesses, and court system employees. However, the central role that citizens play in ensuring the rule of law is using courts to settle disputes peacefully and abiding by court orders. June 2009 www.uscourts.gov/outreach/resources/federalcourtnutshell.htm

How Cases Move Through Federal Courts Civil Cases                    

Comparison of Federal and State Courts Organizational Structure Circuits and Districts Jurisdiction Citizen Involvement

Comparison of Federal and State Courts Structure State Federal Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases. Magistrate Judges handle some District Court matters. The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts. States also usually have courts that handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court; etc. June 2009 http://www.uscourts.gov/outreach/resources/comparefedstate.html

Comparison of Federal and State Courts Structure - Appeals Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court of Claims, and/or the U.S. Court of International Trade may appeal to a U.S. Court of Appeals. Parties dissatisfied with the decision of the trial court may take their case to the intermediate Court of Appeals.

Comparison of Federal and State Courts Structure - Final Appeals A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals, but the Supreme Court usually is under no obligation to do so. The U.S. Supreme Court is the final arbiter of federal constitutional questions. Parties have the option to ask the highest state court to hear the case Only certain cases are eligible for review by the U.S. Supreme Court.

Comparison of Federal and State Courts Selection of Judges Article III, Section 1 of the Constitution states that federal judges are to be nominated by the President and confirmed by the Senate. They hold office during good behavior, typically, for life. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior. State court judges are selected in a variety of ways, including election, appointment for a given number of years, appointment for life, and combinations of these methods, e.g., appointment followed by election.

Comparison of Federal and State Courts Types of Cases Heard Most criminal cases, probate (involving wills and estates), Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases. Cases that deal with the constitutionality of a law; Cases involving the laws and treaties of the U.S.; Ambassadors and public ministers; Disputes between two or more states; Admiralty law, and Bankruptcy

Brochure Comparing Federal and State Courts

Comparison of Federal and State Court Case Volume The overwhelming amount of judicial business in the United States takes place in state courts. For 2007, which is the most recent year for which [there is] comparative data, the total number of cases filed in all federal district and appellate courts, including the United States Supreme Court, not including bankruptcy cases, was 384,330. In state courts, the comparable number was 47.3 million cases, not including traffic offenses. http://www.uscourts.gov/ttb/2009-04/article02_1.cfm?WT.cg_n=TTB&WT.cg_s=Apr09_article02_teaserContinue

Comparison of Civil and Criminal Cases A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity, called the defendant, has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as parties or litigants. The plaintiff may ask the court to tell the defendant to fulfill the duty, or make compensation for the harm done, or both. Legal duties include respecting rights established under the Constitution or under federal or state law. Civil suits are brought in both state and federal courts. An example of a civil case in a state court would be if a citizen (including a corporation) sued another citizen for not living up to a contract. A person accused of a crime is generally charged in a formal accusation called an indictment (for felonies or serious crimes) or information (for misdemeanors). The government, on behalf of the people of the United States, prosecute the case through the United States Attorney's Office if the person is charged with a federal crime. A state’s attorney’s office prosecutes state crimes. It is not the victim’s responsibility to bring a criminal case. In a kidnapping case, for instance, the government would prosecute the kidnapper; the victim would not be a party to the action.

Criminal Civil In some criminal cases, there may not be a specific victim. For example, state governments arrest and prosecute people accused of violating laws against driving while intoxicated because society regards that as a serious offense that can result in harm to others. When a court determines that an individual committed a crime, that person will receive a sentence. The sentence may be a monetary penalty (a fine and/or restitution to the victim), imprisonment, or supervision in the community (by a court employee called a U.S. probation officer if a federal crime), or some combination of these three things. For example, if a lumberyard enters a contract to sell a specific amount of wood to a carpenter for an agreed-upon price and then fails to deliver the wood, forcing the carpenter to buy it elsewhere at a higher price, the carpenter might sue the lumberyard in state court to pay the extra costs incurred because of the lumberyard’s failure to deliver; these costs are called damages. If these parties were from different states, however, then that suit could be brought in federal court under diversity jurisdiction if the amount in question exceeded the minimum required by statute ($75,000). Individuals, corporations, and the federal government can also bring civil suits in federal court claiming violations of federal statutes or constitutional rights. For example, the federal government can sue a hospital for overbilling Medicare and Medicaid, a violation of a federal statute. An individual could sue a local police department for violation of his or her constitutional rights--for example, the right to assemble peacefully.

Selection of Trial Jurors In Virginia Is it possible that I might report for jury service but not sit on a jury? How are jurors chosen to sit on a jury in a civil case? Why are some jurors removed from the list? How are juries chosen in a criminal case? What are alternate jurors? http://www.courts.state.va.us/jury/cover.htm

Is it possible that I might report for jury service but not sit on a jury? Yes. The parties involved in a case generally seek to settle their differences and avoid the expense and time of a trial. Sometimes the case is settled just a few moments before the trial begins. So even though several trials are scheduled for a certain day, the court doesn't know until that morning how many will actually go to trial. But your time spent waiting is not wasted--your very presence in the court encourages settlement.

How are jurors chosen to sit on a jury in a civil case? When a trial is ready to begin, the bailiff calls potential jurors into the courtroom. If damages of $15,000 or less are claimed in the case, at least 11 jurors will be called and if damages of more than $15,000 are claimed, 13 jurors will be called. The clerk or bailiff asks the potential jurors to stand, hold up their right hands, and swear or affirm that they will truthfully answer the questions about to be asked of them. If you are called as a potential juror, the judge will then tell you the names of the parties and their attorneys and briefly explain the nature of the case. The judge will ask if you are related to anyone involved in the case, have any financial or other interest in the outcome of the case, have formed or expressed an opinion, or have any personal bias or prejudice that might affect how you decide the case. If you don't think you can make a fair and impartial decision for any reason, you should tell the judge at this time. The attorneys for each side might also ask you some questions. If the judge concludes that you may not be able to make a fair decision, you will be asked to step down, and another prospective juror will be brought in to replace you. After the judge decides that all potential jurors are qualified to fairly and impartially hear the case, the clerk will compile a list of the jurors and give it to the attorneys. Each side will remove 3 names from the list. They do not have to give reasons for removing these names. If the amount claimed is $15,000 or less, the final jury will have 5 members. If it is more than $10,000, the jury will have 7 members. The remaining jurors then swear that they will hear the case and give a verdict they believe to be true. The trial is ready to begin.

Juror Removal and Juries in Criminal Cases Why are some jurors removed from the list? Allowing both sides to participate in selecting the jury gives the parties the opportunity to feel that the jury will be fair and impartial when it decides the case. Being excused from a jury in no way reflects on your character or your competence as a juror, so you should not feel offended or embarrassed if your name is removed. How are juries chosen in a criminal case? The procedure for criminal cases is very similar to the procedure for civil cases. However, at least 20 prospective jurors are called for a felony trial, and the final jury will have 12 members. For a misdemeanor case, at least 13 jurors are called, and the final jury will have 7 members. (The difference between a felony and a misdemeanor case is described in the next section.)

Jury Selection Cases Batson v. Kentucky, 476 U. S. 79 The state prosecutor cannot use racially discriminatory challenges during jury selection. The exercise of racially discriminatory peremptory challenges offends the Equal Protection Clause when the offending challenges are made by the State,; Edmonson v. Leesville Concrete Co., 500 U. S. 614—Supreme Court held that private litigants cannot exercise peremptory strikes in a racially discriminatory manner

Who has the Right? What if the Defendant is white and the victim is black? Can state object to racial discrimination in defendant’s use of peremptory challenges?

Defendant also Cannot Use Peremptory Challenge to Discriminate GEORGIA v. McCOLLUM et al. 505 U.S. 42 (1992) Held: The Constitution prohibits a criminal defendant from engaging in purposeful discrimination on the ground of race in the exercise of peremptory challenges. Discriminatory challenges harm the individual juror by subjecting him to open and public racial discrimination and harm the community by undermining public confidence in this country’s system of justice.

Can Defendant’s Peremptory Challenges be limited? What about defendant’s Sixth Amendment Rights? Per Georgia v. McCollum : A prohibition against the discriminatory exercise of peremptory challenges does not violate a criminal defendant’s constitutional rights. It is an affront to justice to argue that the right to a fair trial includes the right to discriminate against a group of citizens based upon their race. Nor does the prohibition violate the Sixth Amendment right to the effective assistance of counsel, since counsel can normally explain the reasons for peremptory challenges without revealing strategy or confidential communication, and since neither the Sixth Amendment nor the attorney-client privilege gives a defendant the right to carry out through counsel an unlawful course of conduct. In addition, the prohibition does not violate the Sixth Amendment right to a trial by a jury that is impartial with respect to both parties. Removing a juror whom the defendant believes harbors racial prejudice is different from exercising a peremptory challenge to discriminate invidiously against jurors on account of race.

Jury Duty -- Equal Protection Once a defendant has won with an acquittal or reduced conviction in state court, can anyone challenge the jury selection process? Issues: Jury pool selection process Jury selection process

Introduction to § 1983 Litigation As of May 2009 http://www.fjc.gov/public/pdf.nsf/lookup/sec19832.pdf/$file/sec19832.pdf

against defendants who acted under color of state law. Section 1983 The Statute Section 1983 of Title 42 of the U.S. Code (42 U.S.C. § 1983) is a vital part of American law. The statute authorizes private parties to enforce their federal constitutional rights, and some federal statutory rights, against defendants who acted under color of state law. Section 1983 reads as follows: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.1

In 1961 the Supreme Court decided Monroe v. Pape. In Monroe, the Court articulated three purposes for passage of the statute: (1) to “override certain kinds of state laws”; (2) to provide “a remedy where state law was inadequate”; and (3) “to provide a federal remedy where the state remedy, though adequate in theory, was not available in practice.”

May 2009 http://www.vsb.org/publications/brochure/so18.pdf Handbook May 2009 http://www.vsb.org/publications/brochure/so18.pdf

General Information - Rights What are some of the rights that I have at age 18 that I didn’t have before? • You have the right to vote in national, state, and local elections. • You have the right to live independently from your parents and be free of their control. • You have the right to marry without your parents’ permission. • You have the right to enter into a contract. • You have the right to make a will. • You have the right to run for some elective offices. • You have the right to obtain medical treatment without the consent of your parents. • You have the right to apply for credit in your own name. • You have the right to work in all types of jobs. • You may enter military service without your parents’ permission.

General Information - Responsibilities What are some of the new responsibilities that I have when I become 18? • Your parents are no longer required to support you. • You are responsible for all your actions. If you violate the law, you will be tried and sentenced as an adult, not as a juvenile. • You may sue and be sued by others for contracts that you make. • You may be called for jury duty. • You can be sued for child support and the medical bills relating to your child’s birth. • If you are male, you must make sure you are registered with the Selective Service. • You may purchase and use tobacco products.

A Responsibility and A Right? Do you agree that serving on a jury is a responsibility? Is it a Right? If so, why do you think it is a right?

Virginia State Court Links Virginia’s Judicial System http://www.courts.state.va.us/courts/home.html Virginia Courts In Brief http://www.courts.state.va.us/courts/cib.pdf Virginia Supreme Court and Court of Appeals decisions http://www.courts.state.va.us/caseinfo/home.html Map of Virginia Judicial Circuits and Districts http://www.courts.state.va.us/courts/maps/home.html http://google.vipnet.org/search?QueryText=maps&sitesearch=http%3A%2F%2Fwww.courts.state.va.us&proxystylesheet=http%3A%2F%2Fwww.courts.state.va.us%2Fgoogle%2Fscv.xslt&btnG=Go Jury Duty (Very good booklet describing many legal terms and responsibilities of jurors.) http://www.courts.state.va.us/courts/circuit/jury.pdf General District Court brochure http://www.courts.state.va.us/courts/gd/gdinfo.pdf

Federal Court System Links About Federal Courts http://www.uscourts.gov/about.html Structure U.S. Federal Courts http://www.uscourts.gov/outreach/resources/structure/structure.html Federal Court Map http://www.usfederalcourts.net/CircuitMap.pdf Courtroom Personnel http://www.uscourts.gov/outreach/resources/tour_long.htm#people Federal Jury Service http://www.uscourts.gov/outreach/resources/juryfacts.html Landmark Supreme Court Cases http://www.landmarkcases.org/index.html Landmark Supreme Court Cases Involving Students http://www.uscourts.gov/outreach/resources/landmark_studentcases.htm Section 1983 Civil Rights Claims http://www.fjc.gov/public/pdf.nsf/lookup/sec19832.pdf/$file/sec19832.pdf

Comparison of Federal and State Judicial Systems Comparing Federal and State Courts http://www.uscourts.gov/outreach/resources/comparefedstate.html

General Links General Comparing Federal and State Courts http://www.uscourts.gov/outreach/resources/comparefedstate.html Careers In Law http://www.abanet.org/careercounsel/students.html How Courts Work http://www.abanet.org/publiced/courts/courtslegal.html Supreme Court Double Jeopardy http://www.uscourts.gov/outreach/DJ/index.htm