Judicial Branch

• The United States has a separate court system from the states, whose organization and jurisdiction are derived from the Constitution and federal laws.

  
• Judicial Review


  the power given to the Supreme Courts of the US and Virginia to interpret the constitutionality of laws and acts of the executive branch

  
• Judicial review was established at the national level with the Supreme Court case of Marbury vs. Madison

  
• Virginia has its own court system whose organization and jurisdiction comes from Virginia’s Constitution and state laws
• Magistrates issue search warrants, subpoenas, arrest warrants, and set bail in the Virginia Court System

  
• United States Court System (in order)

  1. US District Court
  2. Run by judge and jury
  3. Jurisdiction: original (all cases start here)
  4. US Court of Appeals
  5. Run by justices and no jury (3-panel judges)
  6. Jurisdiction: appellate only
  7. US Supreme Court
  8. Run by justices and no jury
  9. Jurisdiction: appellate and limited original

  
• Virginia Courts System

  1. General District Court
  2. Run by: Judge
  3. Jurisdiction: original jurisdiction of misdemeanors and civil cases with low money

  or

  1. Juvenile and Domestic Relations District Court
  2. Run by: judge/no jury
  3. Jurisdiction: original over juvenile and family cases
  4. Circuit Court
  5. Run by: judge and jury
  6. Original jurisdiction for felonies and civil cases with high money; Appellate from district courts
  7. Court of Appeals of Virginia
  8. Run by: judge/no jury
  9. Jurisdiction: Appellate jurisdiction
  10. Virginia Supreme Court
  11. Run by: justices/no jury
  12. Jurisdiction: Appellate and limited original jurisdiction
• US Court System (most powerful to less powerful): Supreme Court, Federal Courts, State Courts, Courts of Appeals, District Courts
• Virginia Court System (most to least powerful): Supreme Court, Court of Appeals, Circuit Courts, District Courts/Juvenile and Domestic Relations District Court
• A mnemonic to remember the federal court: if you commit a federal crime, you will be SAD (Supreme, Appeals, District)
• You need a valid reason to appeal
• A plaintiff is the party who sues in a civil case, while the prosecutor is the party who sues in a criminal case