STANDARD CE.8a
Federal and State Courts |
The student will
demonstrate knowledge of the judicial systems established by the
Constitution of Virginia and the Constitution of the United States of
America by:
a) describing the organization and jurisdiction of federal and state courts. |
The judicial function is exercised in a dual court system,
which consists of state courts and federal 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 |
Magistrates
issue search warrants, subpoenas, arrest warrants, and summons and set
bail.
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How are
federal courts organized,
and what jurisdiction does each exercise?
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.
United States
Court System
U.S. Supreme Court
(Justices/no jury)
Jurisdiction: Appellate and Limited Original |
U.S. Court of Appeals
(Justices/no jury)
Jurisdiction: Appellate |
U.S. District Court
(Judge with jury)
Jurisdiction: Original |
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STANDARD CE.8b
Judicial Review |
The student will
demonstrate knowledge of the judicial systems established by the
Constitution of Virginia and the Constitution of the United States of
America by:
b) describing the exercise of judicial review. |
What is judicial
review?
The power of judicial review
is an important check on the legislative and executive
branches of government.
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.
Marbury v. Madison established the principle of
judicial review at the national level.
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.
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STANDARD CE.8c
Civil and Criminal Cases |
The student will
demonstrate knowledge of the judicial systems established by the
Constitution of Virginia and the Constitution of the United States of
America by:
c) explaining court proceedings in civil and criminal cases. |
Courts resolve
two kinds of legal conflicts—civil and criminal.
What is the basic process for
bringing civil and criminal cases to trial?
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. |
Civil law:
In a civil case, a court settles a
disagreement between two parties. |
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. |
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. |
Procedure for cases involving
juveniles:
• Judges have greater latitude in
handling juvenile cases.
• Juveniles who commit serious crimes can
be tried as adults. |
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STANDARD CE.8d
Due Process |
The student will
demonstrate knowledge of the judicial systems established by the
Constitution of Virginia and the Constitution of the United States of
America by:
d) explaining how due process protections seek to ensure justice. |
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.
How do the due process
protections ensure justice?
Terms to know
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 Supreme Court has extended the due process
clauses to protect the guarantees of the Bill of
Rights. |