DUAL COURT SYSTEM
Dual means 2.
The dual court system is the way we have
worked out to handle all court cases in the US.
If you break a national law, you will go to the US
Court system
If you break a state or local law, you will go to the
state court system.
FEDERAL COURTS
The US Constitution lays out how the US Court
system will work.
There are 3 levels (or tiers) to the US Court
system:
1. US District Court
2. US Court of Appeals
3. US Supreme Court
US DISTRICT COURT
It has a Judge at all times. It can have a jury.
It has original jurisdiction over all cases involving
federal law.
It has no appellate jurisdiction
US COURT OF APPEALS
US Court of appeals has appellate jurisdiction
over all cases from the US District court.
If you believe the US District court made a
mistake of some kind, you can ask the Court
of appeals to look over the case and make a
decision
No original jurisdiction. No case starts at the US
Court of Appeals
US SUPREME COURT
US Supreme Court has appellate jurisdiction
over all Court of Appeals decisions.
US Supreme Court has LIMITED original
jurisdiction. Very few cases can start here.
It also has the power of Judicial review (declaring
laws to be unconstitutional). Only the US
Supreme Court has that power.
STATE COURTS
All states set up their courts based on how their
constitution lays it out
Hear cases involving State and local laws
Virginia has a tiered (leveled) system just like the US
courts, except Virginia uses 4 levels
1. Virginia General District court
2. Virginia Circuit court
3. Virginia Court of Appeals
4. Virginia Supreme court
GENERAL DISTRICT
Judge-No Jury
Small cases
Original jurisdiction over misdemeanor cases
Misdemeanor-If found guilty, you can serve no MORE
than one year in jail.
Original jurisdiction over small civil cases (A case where
you are seeking money)
Includes Juvenile and Domestic relations court (court
cases for children and families)
CIRCUIT COURT
Judge and sometimes jury
Original jurisdiction over felony cases
Felony- A case where you could serve more than
a year in jail.
Original Jurisdiction over large civil cases
Appellate jurisdiction over cases from General
District court
VIRGINIA COURT OF APPEALS
Panel of Judges-no jury
Appellate jurisdiction over circuit court cases
No original jurisdiction
VIRGINIA SUPREME COURT
Justices-no jury
Appellate jurisdiction over cases from court of
appeals
Some Original jurisdiction
If a case goes through the Virginia Supreme
court it is over unless you think the VA law
goes against the US Constitution. Then you
can take the case to the US Supreme Court.
CRIMINAL VS. CIVIL CASES
In a criminal case, the court is trying to decide if you have broken
the law.
In a civil case, you have been hurt and want money for damages
In a criminal case, you are either guilty or not guilty.
In a civil case, you are either responsible or not responsible for
causing pain/hurt.
DUE PROCESS
Due process-The idea that the government has to treat you in a fair
way.
Due process means that the government will go through the proper
steps before arresting you.
The police either need to see you do something wrong or have proof
that you are doing something wrong. This is called “probable
cause”.
If the police have probable cause, they need to get a judge or
magistrate to sign a warrant allowing them to arrest you.
DUE PROCESS
Due process was promised to us in the 5th Amendment.
The 5th Amendment protects us from unfair actions by the National
government
The 14th Amendment protects us from unfair treatment by the
states.
JUDICIAL REVIEW
Judicial review is not found in the Constitution. It was set up by a
court case called Marbury vs. Madison.
The Virginia Supreme Court has the power to declare laws in Virginia
unconstitutional as well.