judicial branch

Judicial Branch

History

• Articles of Confederation– Each state had their own Judicial Branch– Never had power in other states

• Evolved into what we have now• Power– To review laws made by the legislative branch and

review acts of the executive branch– Determine whether those laws and acts follow the

rules of the Constitution

The Big Leagues

• Supreme Court• Highest Court• First was 6 Justices in 1789• 7 in 1807• 9 in 1837• 10 in1863• Back to 9 in 1869

Criminal Cases

• Breaking the Law• Procedure– Arrest with probable cause– Jailed or released on bail– Arraignment, plea entered (probable cause is

reviewed)– Court Date Set– Trial is Conducted– Verdict (guilty verdict me be appealed)

Civil Cases

• Disagreement between two parties– Plaintiff files a complaint– Case I heard by a Judge or a Judge and a jury– Case can be appealed

Cases for Juveniles

• Under 18• Judges have greater discretion than in adult

cases• Juvenile may be tried as an adult for serious

crimes

Dual Court System

• Organization of Court System• State & Federal Systems• Purpose– So that the Supreme Court is not the only one

hearing cases– Would take forever if we they were

Jurisdictions

• Original– Authority of a court to hold a first trial

• Appellate– Authority of a superior court to hear a case which

has been tried in a lower court• Limited– Authority over certain cases

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Judges and Jury

• U.S Supreme Court– No Jury, 9 Justices

• U.S. Court of Appeals– No Jury, Justices

• U.S. District Court– Judge and Jury

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Supreme Court

• They interpret the law• Highest in the land• How long are they a Justice?• How old?• $208,100 a year

Court of Appeals

• Decides appeals from the district courts• United States Court of Appeals for the Federal

Circuit

94 District Courts• The 94 U.S. judicial districts are organized into 12

regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

• In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.

Virginia Supreme Court

• Virginia Supreme Court– Virginia’s Court of Last Resort– Justices, No Jury– Appellate and limited original jurisdiction

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Virginia Court of Appeals of Virginia

• Court of Appeals of Virginia– Intermediate Appellate Court– Judges, No Jury

Virginia Circuit Court

• Circuit Courts– Judge and Jury– Original Jurisdiction for felony criminal and civil

cases– Appellate jurisdiction from General District Court

Virginia Courts• General District Courts– Original Jurisdiction of misdemeanors and civil

cases– Judge only, No Jury

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Juvenile and Domestic Relations District Court

• Family and juvenile cases• Judge only, No jury

Virginia Magistrates

• Magistrates– Issues warrants– Subpoenas– Arrest warrants– Set bail

Court Cases In The Supreme Court

http://www.landmarkcases.org/