Judicial BranchJudicial Branch

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.

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.

ThreelevelsThreelevels

National levelNational level Supreme Court - has power of judicial

review Federal Courts - Try cases involving

federal law and U.S. Constitutional questions

Supreme Court - has power of judicial review

Federal Courts - Try cases involving federal law and U.S. Constitutional questions

State levelState level Supreme Court - Has power of

judicial review over state laws Circuit courts - Try civil and criminal

cases

Supreme Court - Has power of judicial review over state laws

Circuit courts - Try civil and criminal cases

Local LevelLocal Level Local Courts -Hear cases under

the authority provided by state legislation

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

Court SystemCourt System The Court System is Broken into

State and Federal Courts State courts deal mainly with State

crimes Federal Courts deal with Federal

Crimes

The Court System is Broken into State and Federal Courts

State courts deal mainly with State crimes

Federal Courts deal with Federal Crimes

Court SystemCourt System Courts handle two types of Cases 1. Criminal: whether a law has been

broken. 2. Civil: Disagreement between two

parties

Courts handle two types of Cases 1. Criminal: whether a law has been

broken. 2. Civil: Disagreement between two

parties

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.

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.

Organization and Jurisdiction of Federal and State Courts

Organization and Jurisdiction of Federal and State Courts

JURISDICTIONJURISDICTIONThe court’s authority to hear and decide cases.

Original: the authority to hear cases for the first time

Concurrent: the authority for both federal and state courts to hear cases

Exclusive: only the federal courts may hear certain types of cases (see next slide)

The court’s authority to hear and decide cases.

Original: the authority to hear cases for the first time

Concurrent: the authority for both federal and state courts to hear cases

Exclusive: only the federal courts may hear certain types of cases (see next slide)

FEDERAL COURTSFEDERAL COURTSTypes of cases heard 1. Cases involving the Constitution 2. Violations of federal law 3. Controversies between states. 4. Disputes between parties of different states 5. Suits involving the federal government 6. Cases involving foreign governments and

treaties 7. Cases based on admiralty and maritime laws 8. Cases involving U.S. Diplomats

Types of cases heard 1. Cases involving the Constitution 2. Violations of federal law 3. Controversies between states. 4. Disputes between parties of different states 5. Suits involving the federal government 6. Cases involving foreign governments and

treaties 7. Cases based on admiralty and maritime laws 8. Cases involving U.S. Diplomats

Federal CourtsFederal CourtsThe federal courts has 3 different The federal courts has 3 different layers. layers.

Supreme Court U.S. Courts of Appeals U.S. District Courts

The Judiciary Act of 1789

organized these courts

The federal courts has 3 different The federal courts has 3 different layers. layers.

Supreme Court U.S. Courts of Appeals U.S. District Courts

The Judiciary Act of 1789

organized these courts

Federal CourtsFederal CourtsU.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 The Supreme court has 9 Justices that

decide the case

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 The Supreme court has 9 Justices that

decide the case

Federal CourtsFederal CourtsU.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 deals with special federal courts and agencies of the Executive Branch

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 deals with special federal courts and agencies of the Executive Branch

Federal CourtsFederal CourtsU.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

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

Federal CourtsFederal Courts District Courts 94 District courts in the U.S.

Each states has at least one court They have original jurisdiction 1 Judge, Jury, witnesses, etc

District Courts 94 District courts in the U.S.

Each states has at least one court They have original jurisdiction 1 Judge, Jury, witnesses, etc

State CourtsState CourtsThe state court has 3 different The state court has 3 different layers. layers.

State Supreme Court Courts of Appeals Trial Courts

Circuit Courts/General District Court

The state court has 3 different The state court has 3 different layers. layers.

State Supreme Court Courts of Appeals Trial Courts

Circuit Courts/General District Court

State CourtsState CourtsVirginia Supreme Court Court of final appeal (appellate

jurisdiction) Limited original jurisdiction Justices/no jury

Virginia Supreme Court Court of final appeal (appellate

jurisdiction) Limited original jurisdiction Justices/no jury

State CourtsState CourtsCourt of Appeals of Virginia Appellate jurisdiction from circuit

courts Judges/no jury

Court of Appeals of Virginia Appellate jurisdiction from circuit

courts Judges/no jury

State CourtsState CourtsCircuit Courts Original jurisdiction for felony

criminal cases and for certain civil cases

Appellate jurisdiction from General District Courts

Judge and a Jury

Circuit Courts Original jurisdiction for felony

criminal cases and for certain civil cases

Appellate jurisdiction from General District Courts

Judge and a Jury

State CourtsState CourtsGeneral District courts Original jurisdiction for

misdemeanors Civil cases for normally lower dollar

amounts Judge

General District courts Original jurisdiction for

misdemeanors Civil cases for normally lower dollar

amounts Judge

State CourtsState CourtsJuvenile and Domestic Relations

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

Juvenile and Domestic Relations District court

Deals with Juvenile and family cases Judge but no jury

State CourtsState CourtsMagistrates Issue search warrants, subpoenas,

arrest warrants, summons, and set bail

Magistrates Issue search warrants, subpoenas,

arrest warrants, summons, and set bail

Judicial ReviewJudicial 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.

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.

Judicial ReviewJudicial 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.

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.

ConstitutionConstitution The Constitution of the United The Constitution of the United

States of America is the supreme States of America is the supreme law of the land.law of the land.

State laws must conform to the State laws must conform to the Virginia and U.S. Constitutions.Virginia and U.S. Constitutions.

The Constitution of the United The Constitution of the United States of America is the supreme States of America is the supreme law of the land.law of the land.

State laws must conform to the State laws must conform to the Virginia and U.S. Constitutions.Virginia and U.S. Constitutions.