Judicial Branch

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Judicial Branch
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• The Judicial Branch is like the other two
  branches. It exists at the 3 levels of
  government.
• As the other branches are broken up into section,
  we will see that the Judicial Branch has parts
  that have certain functions

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3 levels of Government
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Local Level

• Local Courts -Hear cases under the authority
  provided by state legislation

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State level

• Supreme Court - Has power of judicial review over
  state laws
• Circuit courts - Try civil and criminal cases

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National level

• Supreme Court - has power of judicial review
• Federal Courts - Try cases involving federal law
  and U.S. Constitutional questions

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Court System

• The Court System is Broken into State and Federal
  Courts
• State courts deal mainly with State crimes
• Federal Courts deal with Federal Crimes

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Court System

• Courts handle two types of Cases
• 1. Criminal whether a law has been broken.
• 2. Civil Disagreement

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Go 10

• Is going to deal with the organization and
  jurisdiction of Federal and State Courts

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• The United States has a separate court system
  whose organization and jurisdiction are derived
  from the Constitution and federal laws.
• The Judicial Branch is exercised in a duel court
  system, which consists of state and federal
  courts.

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JURISDICTION

• 1. the right, power, or authority to administer
  justice by hearing and determining controversies.
• power authority control
• the extent or range of judicial, law enforcement,
  or other authority
• 4. the territory over which authority is
  exercised

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FEDERAL COURTS

• Hear two types of cases
• 1. Cases involving Federal law and issues beyond
  authority of states
• 2. Cases appealed from state supreme courts
  (involve federal law or constitutional issue)

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Federal Courts

• District Courts
• 94 District courts in the U.S.
• Each states has at least one court
• There are between 1-28 judges in these courts
• They have original jurisdiction
• 1 Judge, Jury, witnesses, etc

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Federal Courts

• U.S. Court of Appeals
• 12 Appellate Courts
• These twelve courts are divided into regions
  which are called circuits. They take cases from
  the district court in their regions.
• There is a 13th court of appeals that that deals
  with special federal courts and agencies of the
  Executive Branch

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Federal Courts

• U.S. Court of Appeals
• There are no juries, witnesses no examining of
  evidence
• There is a Panel of 3 Judges that decide whether
  the original trial was fair and the law was
  interpreted correctly
• They do not decide guilt or innocence

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Other Federal Courts

• Special Courts
• Tax
• Claims
• Customs
• Regulatory Agencies

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Federal Courts

• U.S. Supreme Court
• HIGHEST COURT
• Final court of appeals for both the state and
  federal courts
• It has some original jurisdiction
• The court normally chooses cases that have
  important constitutional issues

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Federal Courts

• The Supreme court has 9 Justices that decide the
  case

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State Courts

• The state court has 3 different layers.
• Trial Courts
• General District Court/ Circuit Courts
• Courts of Appeals
• State Supreme Court

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State Courts

• Magistrates
• Issue search warrants, subpoenas, arrest
  warrants, summons, and set bail

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State Courts

• Juvenile and Domestic Relations District court
• Deals with Juvenile and family cases
• Judge but no jury

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State Courts

• General District courts
• Original jurisdiction for misdemeanors
• Civil cases for normally lower dollar amounts
• Judge

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State Courts

• Circuit Courts
• Original jurisdiction for felony criminal cases
  and for certain civil cases
• Appellate jurisdiction from General District
  Courts
• Judge and a Jury

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State Courts

• Court of Appeals of Virginia
• Appellate jurisdiction from circuit courts
• Judges/no jury

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State Courts

• Virginia Supreme Court
• Court of final appeal (appellate jurisdiction)
• Limited original jurisdiction
• Justices/no jury

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Judicial Review

• The Supreme courts of the United States and
  Virginia determine the constitutionality of laws
  and acts of the executive branch of government
• This power is called judicial review.

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Judicial Review

• The power of judicial review is an important
  check on the legislative and executive branches
  of government.
• Marbury v. Madison established the principle of
  judicial review at the national level.

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Constitution

• The Constitution of the United States of America
  is the supreme law of the land.
• State laws must conform to the Virginia and U.S.
  Constitutions.