45 terms

CE.9 Judicial Branch

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Dual court system
state and federal courts
Federal courts have jurisdiction over -
federal laws
State courts have jurisdiction over -
state laws
the role of the judicial branch
to interpret laws
jurisdiction
authority to hear a case
original jurisdiction
authority to hear a case first
appellate jurisdiction
authority to review a decision of a lower court
felony
serious crime
misdemeanor
a smaller or less serious offense
the organization and jurisdiction of U.S. courts are derived from -
the U.S. Constitution and federal laws
U.S.court with justices; no jury; appellate and limited originial jurisdiction
U.S. Supreme Court
U.S. court with judges; no jury; appellate jurisdiction
U.S. Court of Appeals
U.S. court with a judge; possibly a jury; original jurisdiction
U.S. District Court
the organization and jurisdiction of Virginia's court are derived from -
Virginia's constitution and state laws
Virginia court wtih justices; no jury; appellate and limited original jurisdiction
Virginia Supreme Court
Virginia court with judges; no jury; appellate jurisdiction
Court of Appeals of Virginia
The Court of Appeals of Virginia hears appeals -
from Circuit Court
Virginia court with a judge and possibly a jury
Circuit Court
Circuit court has original jurisdiction for -
felonies and certain civil cases
The Circuit court hears appeals from -
district courts
Virginia court with a judge; no jury
General District Court
Virginia court with a judge; no jury; original jurisdiction for family cases
Juvenile and Domestic Relations court
General district court has original jurisdiction for -
misdemeanors and civil cases generally involving lower dollar amounts
Judical review is a -
check on the executive and legislative branches
the power of supreme courts to determine the constitutionality of laws and executive acts
judicial review
established the principle of judicial review
Marbury v. Madison
Supreme law of the land
U.S. Constitution
State laws must conform to -
the Virginia and U.S. Constitutions
two kinds of legal conflicts
criminal and civil
A court determines whether a person accused of breaking the law is guilty or not guilty
criminal case
A court settles a disagreement between two parties
civil case
A person may be arrested if the police have -
probable cause
where probable cause is reviewed, an attorney may be appointed for the defendant and a plea is entered
arraignment
following arraignment, the accused may be -
committed to jail or released on bail
felony cases have preliminary hearings conducted to see if -
there is probable cause
if probable cause is determined at the preliminary hearing -
a grand jury will determine if there is enough evidence to indict the accused
what happens following arraignment (and preliminary hearing, if needed)
a court date is set
guilty verdicts may be -
appealed
person who file a complaint in a civil case
plaintiff
why people file complaints in civil court
to recover damages or receive compensation
due process rights are outlined in -
the 5th and 14th amendments
due process of law protects against -
unfair governmental actions & laws
due process of law
constitutional protection against unfair government actions and laws
5th amendment
prohibits the national government from violating due process
14th amendment
prohibits the state and local governments from violating due process
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