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Organization of Federal and State courts

Organization of Federal and State courts. STANDARD CE.10a . The judicial function of United States is exercised in a dual court system. FEDERAL COURTS. STATE COURTS. Jurisdiction : right to hear a case. Original jurisdiction : right to hear a case first

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Organization of Federal and State courts

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  1. Organization of Federal and State courts STANDARD CE.10a

  2. The judicial function of United States is exercised in a dual court system. FEDERAL COURTS STATE COURTS

  3. Jurisdiction: right to hear a case. • Original jurisdiction: right to hear a • case first • Appellate jurisdiction: right to review a • case and look for mistakes • Appeal-asking a higher court to review • your case Definitions:

  4. Federal Courts • The United States has a court system whose organization and jurisdiction are derived from the Constitution of the United States and federal laws.

  5. YOUR COURTS Washington D.C. Richmond, VA Abingdon, VA

  6. Judge with or without Jury Jurisdiction: Original U.S. District Court

  7. Judges (3), no jury Jurisdiction: Appellate U.S. Court of Appeals

  8. Justices (9) no jury Jurisdiction: Appellate & Limited original U.S. Supreme Court

  9. United States Court System U.S. SUPREME COURT (Justices) Jurisdiction: Appellate & Limited Original U.S. COURT OF APPEALS (Judges) Jurisdiction: Appellate U.S. DISTRICT COURT (Judge/Jury) Jurisdiction: Original

  10. Virginia Courts

  11. Virginia, like each of the other forty-nine states, has its own court system who organization and jurisdiction are derived from Virginia’s Constitution and state laws

  12. Justices, no jury Jurisdiction: Appellate & Limited Original Virginia Supreme Court

  13. Judge , no jury Jurisdiction: Appellate to review decisions of circuit courts Virginia Court of Appeals

  14. Judge with or without jury Jurisdiction: Original jurisdiction for felony criminal cases and for certain civil cases; appellate jurisdiction from district courts Circuit Court

  15. Judge, no jury Jurisdiction: Original for misdemeanors in civil cases generally involving lower dollar amounts General District Court (and small claims)

  16. Judge Jurisdiction: Original in cases dealing with Juveniles & Families Juvenile & Domestic Relations Court

  17. Virginia Court System VIRGINIA SUPREME COURT (Justices) Jurisdiction: Appellate & Limited Original VIRGINIA COURT OF APPEALS (Judges) Jurisdiction: Appellate CIRCUIT COURT (Judge/Jury) Jurisdiction: Original & Appellate GENERAL DISTRICT COURT (Judge) Jurisdiction: Original JUVENILE & DOMESTIC RELATIONS COURT (Judge) Jurisdiction: Original

  18. SOL 10b-Judicial Review • The power of judicial review is an important check on the legislative and executive branches of gov’t. • Judicial Review: The U.S. and V.A. Supreme Courts determine the constitutionality of laws and executive actions.

  19. Where did Judicial Review come from? • The U.S. Supreme Court case, Marbury v. Madison, established the principle of judicial review at the national level.

  20. The U.S. Constitution is the supreme law of the land. • State laws must conform to the Virginia and U.S. Constitutions.

  21. SOL 10c: Civil and Criminal Process • Courts resolve two kinds of legal conflicts: civil and criminal.

  22. Vocabulary • Plaintiff: someone who files a lawsuit in a civil case OR the state/U.S. in a criminal case. • Defendant: someone who is being sued in a civil case OR someone accused of a crime in a criminal case. • Appeal: asking a higher court to review your case. • Damages: money paid in a civil case.

  23. Civil Cases • In a civil case, a court settles a disagreement between two parties to recover damages or receive compensation.

  24. Procedure for Civil Cases • 1. The plaintiff files a complaint to recover damages or receive compensation. • 2. Cases can be heard by a judge or jury. • 3. Cases can be appealed.

  25. Criminal Cases • In a criminal case, a court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor or felony.

  26. Procedure for Criminal Cases • 1. A person accused of a crime may be arrested if the police have probable cause. • 2. The accused may be committed to jail or released on bail.

  27. Procedure for Criminal Cases..continued • 3. The case proceeds to an ARRAIGNMENT where probable cause is reviewed, an attorney may be appointed for the defendant, and a plea is entered.

  28. Procedure for Criminal Cases..continued • 4. A court date is set and a trial is conducted. • 5. A guilty verdict may be appealed.

  29. SOL 10d: Due Process • Due Process: the constitutional protection against unfair governmental actions and laws. • The right to due process of law is outlined in the 5th and 14th amendments of the U.S. Constitution

  30. The 5th Amendment prohibits the national government from acting in an unfair manner. • The 14th Amendment prohibits state and local government from acting in an unfair manner.

  31. The Supreme Court has extended the guarantees of the Bill of Rights, based upon the due process clause.

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