Unit 6: Structure of the Judicial Branch Unit Study Guide: Answer these questions on your own. This will help you prepare for quizzes/tests! SOL 10d Question: 1. What is due process? The constitutional protection against unfair governmental actions and laws 2. The 5th Amendment established national due process. 3. The 14th Amendment established state due process. 4. The Supreme Court has extended the guarantees of the Bill of Rights based upon the due process clause. 5. Give an example of a right that has been extended to all citizens because of the due process clause. No cruel and unusual punishment, right to a fair trial, right to a jury, etc. (from the Bill of Rights, amendments 4, 6 and 8). SOL 10c Question: 6. What is the difference between a criminal and civil case? In a criminal case, a court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor or a felony. 7. Give an example of a civil case. Ms. Martin sues Ms. Mezzino for $500 for spilling her coffee on Ms. Martin’s iPad. 8. Give an example of a criminal case. Ms. Martin gets a arrested for stealing $3000 from LCPS. 9. What is the difference between a misdemeanor and felony? A misdemeanor is a small crime and a felony is a large crime. An example of a misdemeanor is stealing a t-shirt. An example of a felony is grand theft auto. 10. Criminal Procedure: Step One In Words: Arrest Step Two In Words: Jail or Bail Step Three In Words: Arraignment Step Four In Words: Court date is set Step Five In Words: In Pictures: In Pictures: In Pictures: In Pictures: In Pictures: Guilty Verdict appealed 11. Civil Procedure: Step One Step Two Step Three In Words: Plaintiff files complaint In Words: Case heard by judge or jury In Words: Case can be appealed In Pictures: In Pictures: In Pictures: SOL 10a Question: 12. DUAL Court System (which means it has two parts) - Consists of Federal courts and State courts. 13. Where is the organization and jurisdiction of the VA State Courts derived from? Virginia’s constitution state laws 14. Where is the organization and jurisdiction of the Federal Courts derived from? Constitution of the United States federal laws 15. Complete the triangles below with the structure of the each court system. a. Write the name of the court in each box. b. Draw a #1 in the box if the court has original jurisdiction c. Draw a banana in the box if the court hears appeals (Get it? A-peels?) d. Write who hears the case in each box (Judge, Justice, and/or Jury) S S A A C D D 16. All Federal laws must conform to the US Constitution. 17. All Virginia laws must conform to the VA Constitution and US Constitution.