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The Courts

The Courts. The organization and jurisdiction of federal and state courts. Court Vocabulary. Jurisdiction ~ Area where a crime took place (city, district, state) Appeal ~ To ask a court to review a decision, usually done when one is not happy with the ruling of the lower courts

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The Courts

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  1. The Courts The organization and jurisdiction of federal and state courts

  2. Court Vocabulary Jurisdiction ~ • Area where a crime took place (city, district, state) Appeal ~ • To ask a court to review a decision, usually done when one is not happy with the ruling of the lower courts Appellate Jurisdiction • A court’s authority to hear an appeal or other decision by another court

  3. Court Vocabulary Magistrates ~ • Issue search warrants, subpoenas, arrest warrants, and a summons and set bail. Civil Law ~ • Group of laws that settle disagreements between people Criminal Law ~ • Behavior that is harmful to society; how people should be tried and punished

  4. Court Vocabulary Judicial Review ~ • The power of the Supreme Court of the United States to overturn a law that is in conflict with the Constitution Judicial Activism ~ • Taking an active role by the judiciary in policymaking by overturning laws that are not constitutional

  5. Interprets the laws. US & VA Supreme Courts can: Declares legislative laws unconstitutional. Declares executive acts unconstitutional. Who’s in charge: Federal: U.S. Supreme State: VA Supreme Local: Circuit courts/ District Courts Judicial Branch

  6. America’s Dual Court System • Federal Courts • US Supreme Court& lower federal courts • Jurisdiction- entire US • Based on the US Constitution and federal laws • Article III of the Constitution: establishes the Supreme Court and gave Congress the power to create any lower federal courts • Virginia State Courts • Va. Supreme Court & lower state/city courts • Jurisdiction- only VA • Based on Va. Constitution (Article III) and state laws

  7. Power of the Court:Judicial Review The Supreme Courts of the United States and Virginia determine the constitutionality of laws and act of the executive branch. Marbury v. Madison established the principle of judicial review at the National level. The Constitution of the US is the supreme law of the land. State laws must conform to BOTH the US and Virginia Constitution

  8. United States Court System • The United States Supreme Court • Justices, no jury • Jurisdiction: Appellate and Limited Original

  9. United States Court System • US Court of Appeals: • Justices, No Jury • Jurisdiction: Appellate

  10. U.S. Court of Appeals in Richmond U.S. Court of Appeals In Richmond

  11. U. S. District

  12. The United States has a separate court system. Organization and jurisdiction are derived from the Constitution of the United States of America federal laws. U.S. Supreme Court (Justices/no jury) Jurisdiction: Appellate and Limited OriginalJurisdiction U.S. Court of Appeals (Justices/no jury) Jurisdiction: Appellate U.S. District Court (Judge with jury) Jurisdiction: Original United States Court System

  13. http://articles.washingtonpost.com/2013-01-25/politics/36541588_1_recess-appointments-richard-cordray-president-obamahttp://articles.washingtonpost.com/2013-01-25/politics/36541588_1_recess-appointments-richard-cordray-president-obama • http://ivn.us/2012/11/30/supreme-court-allows-case-against-obamacare-to-move-forward/

  14. The Courts • What is judicial review? • www.reviewjournal.com

  15. The supreme courts of the United States and Virginia determine the constitutionality or legality 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. It was a case decided in 1803 by Chief Justice John Marshall. The Courts

  16. Judicial Review • The Supreme Courts of the United States and Virginia determine the constitutionality of laws and act of the executive branch. • The Constitution of the US is the supreme law of the land. • State laws must conform to BOTH the US and Virginia Constitution

  17. The Virginia Court System • Virginia, like the other 49 states, has its own court system, with powers derived from the Virginia Constitution.

  18. Virginia Supreme Court • Justices, No Jury • Court of FINAL appeal • Limited original jurisdiction

  19. 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 Virginia Court System

  20. The Virginia Court System Virginia Supreme Court Virginia Court of Appeals Circuit Court Virginia District Court

  21. The Courts • www.sccja.org • Magistrates (Judge) issue search warrants, subpoenas, arrest warrants, and summons and set bail.

  22. The Courts • Courts resolve two kinds of legal conflicts—civil and criminal. • www.tribalresourcecenter.org

  23. How and why does a criminal case come to court? 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. The Courts

  24. How and why does a civil case come to court? Civil law In a civil case, a court settles a disagreement between two parties. The Courts

  25. The Courts • 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.

  26. The Courts • 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.

  27. The Courts • Procedure for cases involving juveniles • Judges have greater latitude in handling juvenile cases. • Juveniles who commit serious crimes can be tried as adults.

  28. The right to due process of the law is outlined in the 5th and 14thAmendments to the Constitution of the United States of America. No person …nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law …nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Courts

  29. Due process of law: The constitutional protection against unfair governmental actions and laws Due process protections 5thAmendment—Prohibits the national government from acting in an unfair manner 14thAmendment—Prohibits state and local governments from acting in an unfair manner The Courts

  30. The Courts • The Supreme Court has extended the due process clauses to protect the guarantees of the Bill of Rights.

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