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Courts: More information

Federal Court System

The Supreme Court is the only court named in the U.S. Constitution. The federal court system was was created by the Judiciary Act of 1789.
This federal court system has 91 district courts which are grouped into 11 circuits, each with a court of appeals.
Federal judges are appointed for life by the President and confirmed by the Senate. They can be removed only if Congress impeaches them. These important checks are built into the system to ensure that judges are impartial.
U.S. District Courts have both a judge and a jury. Cases tried in in district courts are those involving: persons from different states
disagreements between states
foreign nations
violations of US treaties
crimes on ships at seas
Each U.S. Court of Appeals has 3 justices and no jury. These courts review cases to decide if appellant (person appealing) was granted full legal rights.

Judicial Review

The principle of judicial review establishes that the Constitution is the supreme law of the land and must always be followed.
The Supreme Court decides if laws or actions by the executive branch, state or local governments conflict with the Constitution.
The Supreme Court may nullify laws that conflict with the Constitution.
The power of judicial review was established by the case of Marbury vs. Madison in 1803.
Judicial review is an important check that the judicial branch has on the legislative and executive branches of government.

State Courts

Trial Courts

District and circuit courts are two kinds of trial courts.
DISTRICT COURTS: Minor crimes (misdemeanors), traffic violations and civil cases involving small dollar amounts (generally under $1000) are tried in district courts.
District courts have a judge but no jury.
CIRCUIT COURTS: Crimes that might lead to jail sentences (felonies) and civil cases involving larger dollar amounts (generally over $1000) are tried in circuit courts.
Circuit courts sometimes hear appeals from district courts.
Circuit courts have a judge and jury.
In circuit court trials, a 12-person jury hears the evidence and decides if the defendant is guilty (in criminal cases) or decides damages (in a civil suit).

Appeals Courts

Appeals are heard by a Court of Appeals or by the Virginia Supreme Court.
Virginia's supreme court,, like the U.S. Supreme Court,, has the power of judicial review. It decides if local or state laws, or the actions of the state executive or legislative branch conflict with the Virginia constitution.
Each Virginia Court of Appeals has three justices and reviews circuit court cases.
MAGISTRATES: Issue arrest warrants, search warrants and subpoenas; jail those charged with offenses, and administer oaths.

Criminal and Civil Cases

Procedures in criminal cases:

Police may arrest someone if they have a warrant or if they have "probable cause". Probable cause is a reasonable belief that a crime has been committed.
If the judge sets bail, and the suspect can pay the bail, the suspect may be released. Otherwise, the suspect is jailed.
Arraignment process: Probable cause is reviewed. If the defendant cannot afford to hire an attorney, an attorney is appointed by the court. If the defendant pleads not guilty, a trial date is set.
Trial: After evidence is presented in a trial, the jury or the judge finds a defendant innocent or guilty. If guilty, the defendant is later sentenced by the judge.
Appeal: A guilty verdict may be appealed to a Court of Appeals or directly to the Supreme Court.

Procedures in Civil Cases

The plaintiff, or person who believes he has been wronged, files a complaint asking for damages or seeking compensation.
Civil cases may be heard by a judge or a jury.
Civil cases, like criminal cases, can be appealed.