STANDARD CE.8a
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
(Magistrates issue search warrants, subpoenas, arrest warrants, and summons and set bail.)
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 (appeals) from circuit courts
Circuit Court
(Judge and jury)

• Original jurisdiction for felony criminal cases and for certain civil cases
• Appellate jurisdiction (appeals) 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

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 and federal laws.

U.S. 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

STANDARD CE.8b
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 is the supreme law of the land.

State laws must conform to the Virginia and United States constitutions.
 

STANDARD CE.8c
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.

STANDARD CE.8d
Due Process
Due process protections seek to ensure justice

How do the due process protections ensure justice?

The right to due process of the law is outlined in the 5th and 14th Amendments to the Constitution.

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.