Courts 10a Flashcards
Area from which a court can draw appeals
Appellate jurisdiction
Court that reviews a lower courts decision
Appeals
Lowest court in any given jurisdiction
Circuit court
- has a separate court system from the state court system
- powers for each court come from the constitution of the United States and federal laws
- these are the highest courts in the United States!!!
Dual Court System
- highest person in the court: judge
- determines the verdict: jury
- powers ~
- original jurisdiction over matters involving
federal and military matters
- original jurisdiction over matters involving
the U.S. Constitution
U.S District Court
- highest person in the court: justices {7}
- determines the verdict: justices
- powers ~
- appeals from U.S District Court
U.S Court Of Appeals
- highest court in U.S
- determines the verdict: justices {9}
- powers ~
- appeals from a courts, state and federal
- jurisdiction over matter involving us
constitution and federal laws
U.S Supreme Court
the area where a case originates
Original jurisdiction
Area in a courts power
District
Courts officer with the power to enforce laws
Magistrate
A document that requires a person to appear in court to testify
Subpoena
A notice to appear in court
Summons
- has a separate court system from the untied states court system
- powers for each court come from the Virginia constitution and state laws
- people in the court ~
Judge, jury, lawyers, defendant, magistrate
Virginia dual court system
Issue search warrant, subpoenas, arrest warrants, summons, and issue bail
Magistrate
- highest person in court: judge
- determines verdict: judge
- powers ~
Any juvenile and family related cases
Juvenile/Domestic Relations Court of Hampton
- highest person in court: judge
- determines verdict: judge
- powers ~
Original jurisdiction of misdemeanors
Civil cases less than $1,000
General District Court Of Hampton
- highest person in court: judge
- determines verdict: jury
- powers ~
Original jurisdiction for felony crimes and civil cases over $1,000
Appeals from district courts
Circuit Court Of Hampton
- highest person in court: judges
- determines verdict: judge
-powers ~
Appeals from circuit court
Not a trial court
Court Of Appeals Of Virginia
- highest person in court: justices
- determines verdict: judge
-powers ~
Court of final appeal in Virginia
Limited jurisdiction on cases involving state laws and VA government officials
Virginia Supreme Court
Cases not involving crimes but people, personal in nature {money, lawsuits}
Civil case
Money given for repayment of an action
Compensation
The party who defends against a case in court
Defendant
Person brining charges against the defendant in court
Plaintiff
In a ____ ____, a court settles a disagreement between two parties to recover damages or receive compensation
Civil case
Both ____ and the ______ can sue each other!
Plaintiff, defendant
- plaintiffs filed a complaint for damage or losses
- case is heard by judge with or without a jury
- case is appealed to court of appeals, then Supreme Court of state, the U.S. Supreme Court
Civil procedure
A case involving a felony or misdemeanor
Criminal case
A crime less serious that usually doesn’t carry jail time {Ex- traffic tickets}
Misdemeanor
A serious crime that usually carries a long jail sentence {Ex- murder}
Felony
Court hearing where the defendant is formally charged with a crime
Arraignment
Having a valid reason to search someone or their property
Probable cause
Money given to release a person from jail
Bail
Guilty or not guilty, also no contest
Plea
◦ A court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor of felony
◦ Judge is the highest person
◦ Jury decides the verdict
Criminal cases
◦ Person is accused of crime, arrested
◦ Accused may go to jail if bail is not set or denied
◦ Case goes to arraignment for review of probable cause
◦ Defendant is appointed a lawyer or may secure one themselves
◦ Plea is entered
◦ Court date is set
◦ Trial is conducted
◦ Appeals may be made to Court of Appeals or directly to the U.S Supreme Court in some cases.
Criminal procedure
guaranteed rights to all Americans concerning prosecution and trials
Due Process
not allowing something to happen
Prohibits
- Prohibits the national government from acting in an unfair manner
- They cannot take away your rights as an American citizen.
5th Amendment Due Process
- Prohibits the state and local government from acting in an unfair manner
- They cannot take away your rights as an American citizen.
- Due Process applies to all rights in the Bill of Rights. YOU GET ALL THESE RIGHTS IF YOU ARE A CITIZEN!!! REGARDLESS OF THE CRIME!
14th Amendment Due Process
case established judicial review
Marybury v. Madison
meaning only the US Constitution can dictate what the laws for the US will be
Supreme law of the land
right of the US Supreme Court to review cases, laws, actions, or anything else to determine if its right or wrong.
Judicial review
- _________________ IS SUPREME!!!
◦State constitutions must conform to the U.S Constitution
◦State laws must conform to state constitution
◦THEREFORE: any law that is supported by the state constitution but conflicts with the U.S Constitution can be considered under judicial review
◦AND….the actions of the governor and president can be reviewed as well
U.S. Constitution & judicial review
