The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution.

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Presentation transcript:

The American Legal System

Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution of Virginia and the Constitution of the United States by a) describing the organization and jurisdiction of federal and state courts; b) describing the exercise of judicial review; c) explaining court proceedings in civil and criminal cases; d) explaining how due process protections seek to ensure justice.

Student Objectives Describe the organization and jurisdiction of courts. (CE.10a) Describe the exercise of judicial review. (CE.10b) Explain court proceedings in criminal and civil cases. (CE.10c) Explain how due process protections seek to ensure justice. (CE.10d)

What part of the U. S. Constitution defines the judicial branch of government? Article III

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme Court

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme CourtAppeals Limited original jurisdiction

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme CourtAppeals Limited original jurisdiction No

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme CourtAppeals Limited original jurisdiction No U. S. Court of Appeals

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme CourtAppeals Limited original jurisdiction No U. S. Court of AppealsAppeals from district courts

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme CourtAppeals Limited original jurisdiction No U. S. Court of AppealsAppeals from district courtsNo

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme CourtAppeals Limited original jurisdiction No U. S. Court of AppealsAppeals from district courtsNo U. S. District Court

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme CourtAppeals Limited original jurisdiction No U. S. Court of AppealsAppeals from district courtsNo U. S. District CourtOriginal jurisdiction

List the three levels of the United States court system, jurisdiction and trial method. CourtJurisdictionJury U. S. Supreme CourtAppeals Limited original jurisdiction No U. S. Court of AppealsAppeals from district courtsNo U. S. District CourtOriginal jurisdictionYes

What is a magistrate? A magistrate issues search warrants, subpoenas, arrest warrants, and summons and sets bail.

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme Court

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of Virginia

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of VirginiaAppeals from circuit courts

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of VirginiaAppeals from circuit courtsNo

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of VirginiaAppeals from circuit courtsNo Circuit Court

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of VirginiaAppeals from circuit courtsNo Circuit CourtFelony criminal cases Civil cases over $1,000 Appeals from district courts

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of VirginiaAppeals from circuit courtsNo Circuit CourtFelony criminal cases Civil cases over $1,000 Appeals from district courts Yes

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of VirginiaAppeals from circuit courtsNo Circuit CourtFelony criminal cases Civil cases over $1,000 Appeals from district courts Yes General District Court Juvenile and Domestic Relations Court

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of VirginiaAppeals from circuit courtsNo Circuit CourtFelony criminal cases Civil cases over $1,000 Appeals from district courts Yes General District Court Juvenile and Domestic Relations Court Misdemeanors Civil cases less than $1,000 Juvenile and family cases

List the four levels of the Virginia court system, jurisdiction and trial method. CourtJurisdictionJury Virginia Supreme CourtCourt of final appeal Limited original jurisdiction No Court of Appeals of VirginiaAppeals from circuit courtsNo Circuit CourtFelony criminal cases Civil cases over $1,000 Appeals from district courts Yes General District Court Juvenile and Domestic Relations Court Misdemeanors Civil cases less than $1,000 Juvenile and family cases No

What is judicial review? The supreme courts of the United States and Virginia determine the constitutionality of laws and acts of the executive branch of the government.

What Supreme Court case established the principle of judicial review? Marbury v. Madison

What is criminal law? A court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor or a felony.

What are the steps in a criminal trial? 1.Arrest (if probable cause is established) 2.Jail or bail 3.Arraignment (review probable cause, attorney appointed, plea entered) 4.Trial 5.Possible appeal

What is civil law? A court settles a disagreement between two parties

What are the steps is a civil case? 1.A plaintiff files a complaint 2.The case is heard by a judge or jury 3.Possible appeal

How are juvenile cases handled differently than those of adults? 1.Judges have greater latitude in handling juvenile cases 2.Juveniles who commit serious crimes can be tried as adults

What is due process of law? The constitutional protection against unfair governmental actions and laws

Where are due process protections defined? 5 th Amendment – prohibits the national government from acting in an unfair manner 14 th Amendment – prohibits the state and local government from acting in an unfair manner

Raise your hand to answer the following questions!

What is the name of the constitutional protection against unfair governmental practices?

What was established in the Supreme Court case of Marbury v. Madison?

Name the levels of the federal and state courts that have a jury. U. S. District Courts & Circuit Courts of Virginia

What is the name given to the pre- trial phase during which probable cause is reviewed, an attorney is appointed, and a plea is entered? Arraignment

What are the two sides in a civil trial called? plaintiff and defendant

A U. S. citizen born on July 4, 1995 has been charged with breaking and entering. What court will hear this case? Juvenile & Domestic Relations Court

What is the court of highest jurisdiction in the United States?

Thomas, Sotomayor, Scalia, Breyer, Chief Justice Roberts, Alito, Kennedy, Kagan, Ginsberg United States Supreme Court

What part of the Constitution deals with the Judicial Branch? Article III

What part of the Constitution provides due process protections? 5 th & 14 th Amendments

Follow the link below to find out more about the U. S. Supreme Court.

Complete an A to Z About Judicial Branch review sheet