Courts Mrs. Hill

Venue Determination of which state or federal court should hear the case. Venue – Latin for “neighborhood” 1/13/2019 State Case – County court where the defendant resides. Federal Case: Federal statute governs which district court is proper.

State Courts Broad Jurisdiction Cases deal with citizens within the state borders Examples: Robberies, Traffic Violations, Broken Contract, Family Dispute Not allowed to hear cases: -- against the US -- specific federal law -- antitrust/bankruptcy

Virginia circuit and district courts

Virginia Court Structure Virginia Supreme Court Court of Appeals Circuit Courts District Courts Traffic Courts Domestic Courts Juvenile Courts Small Claims Courts

Federal Courts The trial court (US District Court) has jurisdiction over    - Federal Constitutional matters    - Violation of federal statutes (Federal Questions)    - Cases involving the US    -  Civil matters in excess of $75,000 AND Diversity of Citizenship (all parties are from different states)

Federal Court System U.S District Court – trial court (one or more in each state) Circuit Court of Appeals – the appellate court (13 federal circuit courts) U.S. Supreme Court – the highest court

Federal Courts in Virginia

Supreme Court of the United States (SCOTUS) Apply: complete a writ of certiorari If accepted: the court grants cert Less than 1% of cases are accepted Can hear constitutional matters, appeals on all cases brought in federal court or state court cases that deal with federal law Appointed for life (President and then confirmed by the Senate) Requirements for Justices not mentioned in the Constitution Article III of the Constitution – “The judicial Power of the United States, shall be vested in one supreme court…”

What jurisdiction’s law applies? 1/13/2019 Federal vs. State

Jurisdiction The extent of a court’s authority to hear and resolve specific disputes

State & Federal Jurisdiction In some cases both federal and state courts have jurisdiction. This allows the parties to choose whether to go to state or federal court.

Examples Most criminal cases involve violations of state law and are tried in state court Robbery is a crime (found in state law) However, it would be a federal crime to rob a bank whose deposits are insured by a federal agency

Example Federal Court can hear cases involving state law: EX: State law forbids slaughtering animals outside certain areas A neighborhood association brings a case in state court against a defendant who sacrifices a goat in his back yard When the court issues an injunction forbidding further sacrifices, the defendant challenges the state law in federal court as an unconstitutional infringement on his religious freedom

Circuit Courts of Appeals in the United States

Judges Federal State Selected by the President Confirmed by the Senate May hold the position for life May retire or resign or be impeached by the House and convicted by the Senate 14 Federal judges have been impeached Magistrate judges (selected by district judges and serve for a specified time) Judges can be elected Usually distinguished attorneys

Jury selection - voir dire https://www.vbgov.com/govern ment/departments/courts/circuit -court- judges/Documents/Questionnair eFAQS.pdf

Precedent and Stare Decisis A previous court decision on a legal question that guides future cases with similar questions How does it work? https://www.youtube.com/watch?v=Xzq-x-hytJY