Criminal Case: when a court determines whether a person is guilty or not guilty of breaking the law (misdemeanor or felony)

Civil Case: when a court settles a disagreement between two parties (a party can be a person or group) $$$

Magistrates: set bail and issue subpoenas, arrest warrants, search warrants, and summons

VOCABULARY

VOCABULARYJurisdiction Plaintiff

Appellate Jurisdiction Defendant

Original Jurisdiction Bail

Remand Felony

Arraignment Misdemeanor

Due Process of Law

U.S. District Courts

• 94 District courts throughout the country• Each state can have between one and four district courts • If you break a federal law, your trial will be in a U.S. District Court• Civil cases and Criminal cases•Judge and jury (also witnesses, lawyers… like what you see on TV!)

*ORIGINAL JURISDICTION

U.S. Court of Appeals

• No juries, only judges• Reviews the decisions of the lower courts IF…

* The law was applied incorrectly OR* Wrong procedure was used OR* There is new evidence

• The Appeals court has 3 options for their ruling* Remand the case (re-do)* Uphold the decision (agree with the previous ruling)* Overturn the decision (throw out the previous decision)

*APPELLATE JURISDICTION

U.S. Supreme Court – top court

U.S. Constitution – top law

• ONLY judges – 9 Supreme Court Justices• Original Jurisdiction IF

* State government is involved* Foreign government is involved

• Appellate IF you have appealed from a lower court (state or federal)

* 7000 apply every year and the Supreme Court only reviews 200

*LIMITED ORIGINAL AND APPELLATE JURISDICTION

law or decision violates the CON

if you break a federal law

two or more states are arguing

people from two or more states are arguing

wearing black armbands to school

kidnapping, tax evasion, counterfeitingCA vs. CO over the Colorado River

Class-action lawsuit against Netflix

National Gov't can sue you (and vice versa)

other countries

incidents that occur at sea

U.S. diplomats must obey our laws even in other countries

if you are run over by a mail truck

if Russia starts to build up their nuclear weapons

sunken treasure

Amsterdam

General District Courts

•Judge only

•Original jurisdiction for misdemeanor cases•Civil cases involving smaller dollar amounts

•Juvenile and Domestic Relations Court-Judge only-Juvenile and family cases

Circuit Court

•Judge and Jury

• Original jurisdiction for felony cases and some civil cases

•Appellate jurisdiction from district courts

VA Supreme Court – top court in VA

U.S. Constitution and the Virginia Constitution

• Justices, no juries

•Appellate jurisdiction•Limited original jurisdiction

Court of Appeals of Virginia

• Justices, no juries

•Appellate jurisdiction

Draw the sections Label with the court nameWrite-in jurisdiction

FEDERALSupreme

Limited Original andAppellate

AppealsAppellate

DistrictOriginal

VIRGINIASupreme

Limited Original andAppellate

AppealsAppellate

CircuitOriginal (big) and

Appellate

DistrictOriginal (small)

When a Person is Accused of a Felony

A person accused of a crime may bearrested if the police have probable cause

The case proceeds to an arraignment where probable cause is reviewed, the defendant maybe appointed an attorney, and a plea is entered

The accused may be committed to jail orreleased on bail

A court date is set and a trial is conducted

Procedures for Civil Cases

The plaintiff files a complaint to recoverdamages or receive compensation

Case can be heard by a judge or jury(jury only in Circuit Court for state, District for

federal)

Case can be appealed to the Court of Appeals,and maybe even the Supreme Court

Procedures for cases involving juveniles

Judges have greater latitude in handling juvenile cases

** Juveniles who commit serious crimes canbe tried as adults

Judicial Review

• The power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution– Brown v. Board (1954) and Bush v. Gore (2000)

• Unconstitutional: disagrees (contradicts) the Constitution

• The Constitution did not originally say which branch would make the final decision on what the Constitution means

• Judicial Review & the Supreme Court (Judicial Branch)– First, a law or decision is made that disagrees

with the Constitution– Next, the Supreme Court declares the law

unconstitutional– Finally, the law or decision is overturned

• John Marshall– Created the idea of Judicial Review– Marbury v. Madison– Chief Justice of the Supreme Court

• Our Judicial Branch– Serves as a model to the world– Judges serve for life (death or retirement)

• Supreme Court

– Judges only, no juries

– Limited Original and Appellate Jurisdiction

– Highest court in the country

• U.S. Court of Appeals

– Judges only, no juries

– Appellate Jurisdiction

– Remand, Uphold, Overturn

• U.S. District Court– Judges AND Juries– Original Jurisdiction– 94 throughout the country

• Virginia Supreme Court– Judges only, no juries– Limited Original and Appellate Jurisdiction

• Court of Appeals of Virginia– Judges only, no juries– Appellate Jurisdiction

• Circuit Court– Judges AND juries– Original jurisdiction for felonies and big $ civil cases– Appellate Jurisdiction over the General District

Court• General District Court

– Judges only, no juries– Original Jurisdiction for misdemeanors and small $

civil cases

OPEN-NOTE QUIZ1. Name a court case that is an example of

judicial review.

2. If a law disagrees with the U.S. Constitution, it is ________________.

3. Who gets to declare laws unconstitutional?

4. What happens to a law that is declared unconstitutional?

5. Unless they do something wrong, a Supreme Court judge will serve until ___________ or ________________.

OPEN-NOTE QUIZ6. What must the police have in order to arrest

you?

7. What are the three things that happen at an arraignment?

8. Can civil cases be appealed?

9. Which type of case gives judges the greatest latitude (freedom)?

10.Can a juvenile be tried as an adult?

OPEN-NOTE QUIZ

Name the TYPE OF CASE for each example:

11. A person’s 2nd Amendment rights are taken away

12.A murder happens aboard a cruise ship in the middle of the Atlantic Ocean

13.You sue a woman from New York

14.A diplomat tries marijuana in Amsterdam

15.North Dakota and South Dakota have a disagreement