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Federal/State Courts
Structure of the US and VA Courts
| Question | Answer |
|---|---|
| What is the structure of the U.S. courts? | U.S. District Court, U.S. Court of Appeals, U.S. Supreme Court |
| How many justices sit on the Supreme Court? | 9 |
| What kind of jurisdiction does the Supreme Court have? | limited original and appellate |
| What types of cases does the Supreme Court deal with? | They rule on laws and cases dealing with the U.S. Constitution. |
| What is the structure of Virginia's state courts? | General District Court, Circuit Court, VA Court of Appeals, VA Supreme Court |
| Who oversees cases in General District? | judge, no jury |
| What types of cases are heard in the General District Court? | misdemeanor criminal cases,civil cases under $25,000 |
| What types of cases are heard in Juvenile and Domestic Relations Court (JDR)? | cases involving juveniles and family cases |
| Who oversees cases in VA Circuit Court? | judge with/without a jury |
| What type of jurisdiction does General District Court and JDR have? | original jurisdiction |
| What type of jurisdiction does VA Circuit Court have? | original jurisdiction and appellate jurisdiction for cases from district court |
| What types of cases are heard in VA Circuit Court? | felony criminal cases and civil cases above $25,000 |
| Who oversees cases in VA Court of Appeals? | judge, no jury |
| What type of jurisdiction does VA Court of Appeals have? | Appellate jurisdiction - hears appeals from circuit court |
| Who oversees cases in the VA Supreme Court? | judge, no jury |
| What type of jurisdiction does VA Supreme Court have? | limited original and appellate |
| What court case established the principal of judicial review? | Marbury v. Madision |
| What is judicial review? | the power of the US Supreme Court to determine if a law is constitutional or unconstitutional |
| What is the supreme law of the land? | US Constitution |
| What is due process? | the constitutional protection against unfair governmental actions and laws (the government must treat you fairly) |
| What amendment prohibits the National government from acting unfairly? | 5th amendment |
| What amendment prohibits the state and local governments from acting unfairly? | 14th amendment |
| What is determined in a criminal case? | whether a person is guilty or not guilty |
| What is the purpose of a civil case? | settles a disagreement between two parties |
| What is the procedure for criminal cases? | arrest, jail or bail, arraignment, trial, appeal |
| What happens when a person is arrested? | They are charged with a crime IF there is probable cause. |
| What are the options after a person is arrested? | They may go to jail or be released on bail. |
| What happens at an arraignment? | probable cause is reviewed, an attorney may be appointed, a plea is entered, court date is set |
| What happens in a civil case? | Plaintiff files a complaint, the defendant responds, trial is heard by a judge, case may be appealed |
| What does unconstitutional mean? | in violation of the Constitution |