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Warm Up. Can you think of any cases when a poor accused person should NOT be given a lawyer? Do you agree with the Supreme Court’s Decision in Gideon v. Wainwright? Why or why not?. Virginia and Federal Court Structures. Dual Court Systems. Brainteaser.
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Warm Up • Can you think of any cases when a poor accused person should NOT be given a lawyer? • Do you agree with the Supreme Court’s Decision in Gideon v. Wainwright? Why or why not? CE.10a
Virginia and Federal Court Structures Dual Court Systems CE.8a
Brainteaser Why do you think Virginia has a separate court system from the federal court system of the United States? Answer in complete sentences CE.8a
Review Terms! • Warrant • Subpoena • Magistrate • Appeal CE.8a
The judicial function is exercised in a dual court system… State Courts …which consists of state and federal courts CE.8a
HE’S ALIVE! CE.8a
Magistrates • Issue warrants • Subpoenas • Arrest warrants • Set bail CE.8a
The General District Courts • These courts have only a judge • They hear original jurisdiction of misdemeanors • Hear cases that involve lower dollar amounts • There are 32 of these in Virginia CE.8a
What is a misdemeanor? • It is an offense that is less serious when compared to a felony Example- Getting caught toilet papering someone’s property would only at most result in a misdemeanor CE.8a
Juvenile and Domestic Relations District Courts • There is a judge but no jury • Hear juvenile and family cases • There are 32 of these in Virginia What is a juvenile? CE.8a
KEY TERMS • Juvenile- an individual who is under an age fixed by law (as 18 years) at which he or she would be charged as an adult for a criminal act Example- You are all juveniles CE.8a
Circuit Courts • Judge and jury • Cases involving felonies and some civil cases by pass the first two courts and start in these courts • This is the next step in the appeal process for District Court cases • 31 Circuit Courts CE.8a
KEY TERMS • Felony- an offense, as murder or burglary, of graver character than those called misdemeanors Example- If another adult in this building stole my car CE.8a
Circuit Courts appeal here District Courts appeal here CE.8a
Court of Appeals Virginia • Judge but no jury • They hear appeals from Circuit Courts • 1 court with 11 judges CE.8a
Court of Appeals appeals here Circuit Courts appeal here District Courts appeal here CE.8a
Virginia Supreme Court • 7 Judges on the court • This is the last court of appeal in the state • Sometimes very important cases actually start here • 1 Virginia Supreme Court CE.8a
Virginia Supreme Court Court of Appeals appeals here Circuit Courts appeal here District Courts appeal here Juvy and Domestic District Court Magistrates CE.8a
The United States Court Structure has a separate court system… CE.8a
…whose organization and jurisdiction come from the federal Constitution and federal laws CE.8a
The United States Court System is set up like a pyramid CE.8a
Your Pyramid has THREE levels Appeal Process CE.8a
U.S. District Courts • 94 Courts in the US • Judge with a jury • This is where the national court system begins CE.8a
District Courts CE.8a
U.S. Court of Appeals • 12 U.S. Court of Appeals • Justices but no jury • This is an appeal court, step before Supreme Court CE.8a
Court of Appeals District Courts CE.8a
U.S. Supreme Court • The last level in the appeal process for both state and national appeals • There are 9 justices on the US Supreme Court and no jury • The Executive has the power to appoint the members • Justices serve life terms CE.8a
SUPREME COURT Court of Appeals District Courts CE.8a
The Constitution of the U.S. is the supreme law of the land US Constitution Virginia Constitution CE.8a
It’s your turn! Spend the next couple minutes comparing the Virginia Court Structure to that of the US Court Structure. Discuss your observations with the people sitting around you! CE.8a