Essential SOL Content--

Judicial Branch

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.

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

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.

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.

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.