Criminal Case: when a court determines whether a person is guilty or not guilty of breaking the law (misdemeanor or felony) Civil Case: when a court settles a disagreement between two parties (a party can be a person or group) $$$ Magistrates: set bail and issue subpoenas, arrest warrants, search warrants, and summons VOCABULARY

JurisdictionPlaintiff Appellate JurisdictionDefendant Original JurisdictionBail RemandFelony ArraignmentMisdemeanor Due Process of Law

U.S. District Courts 94 District courts throughout the country Each state can have between one and four district courts If you break a federal law, your trial will be in a U.S. District Court Civil cases and Criminal cases Judge and jury (also witnesses, lawyers… like what you see on TV!) *ORIGINAL JURISDICTION

U.S. Court of Appeals No juries, only judges Reviews the decisions of the lower courts IF… * The law was applied incorrectly OR * Wrong procedure was used OR * There is new evidence The Appeals court has 3 options for their ruling * Remand the case (re-do) * Uphold the decision (agree with the previous ruling) * Overturn the decision (throw out the previous decision) *APPELLATE JURISDICTION

U.S. Supreme Court – top court U.S. Constitution – top law ONLY judges – 9 Supreme Court Justices Original Jurisdiction IF * State government is involved * Foreign government is involved Appellate IF you have appealed from a lower court (state or federal) * 7000 apply every year and the Supreme Court only reviews 200 *LIMITED ORIGINAL AND APPELLATE JURISDICTION

law or decision violates the CON if you break a federal law two or more states are arguing people from two or more states are arguing wearing black armbands to school kidnapping, tax evasion, counterfeiting CA vs. CO over the Colorado River Class-action lawsuit against Netflix

National Gov't can sue you (and vice versa) other countries incidents that occur at sea U.S. diplomats must obey our laws even in other countries if you are run over by a mail truck if Russia starts to build up their nuclear weapons sunken treasure Amsterdam

General District Courts Judge only Original jurisdiction for misdemeanor cases Civil cases involving smaller dollar amounts Juvenile and Domestic Relations Court -Judge only -Juvenile and family cases

Circuit Court Judge and Jury Original jurisdiction for felony cases and some civil cases Appellate jurisdiction from district courts

VA Supreme Court – top court in VA U.S. Constitution and the Virginia Constitution Justices, no juries Appellate jurisdiction Limited original jurisdiction Court of Appeals of Virginia Justices, no juries Appellate jurisdiction

Draw the sections Label with the court name Write-in jurisdiction

FEDERAL Supreme Limited Original and Appellate Appeals Appellate District Original VIRGINIA Supreme Limited Original and Appellate Appeals Appellate Circuit Original (big) and Appellate District Original (small)

When a Person is Accused of a Felony A person accused of a crime may be arrested if the police have probable cause The case proceeds to an arraignment where probable cause is reviewed, the defendant may be appointed an attorney, and a plea is entered The accused may be committed to jail or released on bail A court date is set and a trial is conducted

Procedures for Civil Cases The plaintiff files a complaint to recover damages or receive compensation Case can be heard by a judge or jury (jury only in Circuit Court for state, District for federal) Case can be appealed to the Court of Appeals, and maybe even the Supreme Court

Procedures for cases involving juveniles Judges have greater latitude in handling juvenile cases ** Juveniles who commit serious crimes can be tried as adults

Judicial Review The power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution –Brown v. Board (1954) and Bush v. Gore (2000) Unconstitutional: disagrees (contradicts) the Constitution

The Constitution did not originally say which branch would make the final decision on what the Constitution means Judicial Review & the Supreme Court (Judicial Branch) –First, a law or decision is made that disagrees with the Constitution –Next, the Supreme Court declares the law unconstitutional –Finally, the law or decision is overturned

John Marshall –Created the idea of Judicial Review –Marbury v. Madison –Chief Justice of the Supreme Court Our Judicial Branch –Serves as a model to the world –Judges serve for life (death or retirement)

Supreme Court –Judges only, no juries –Limited Original and Appellate Jurisdiction –Highest court in the country U.S. Court of Appeals –Judges only, no juries –Appellate Jurisdiction –Remand, Uphold, Overturn U.S. District Court –Judges AND Juries –Original Jurisdiction –94 throughout the country

Virginia Supreme Court –Judges only, no juries –Limited Original and Appellate Jurisdiction Court of Appeals of Virginia –Judges only, no juries –Appellate Jurisdiction Circuit Court –Judges AND juries –Original jurisdiction for felonies and big $ civil cases –Appellate Jurisdiction over the General District Court General District Court –Judges only, no juries –Original Jurisdiction for misdemeanors and small $ civil cases

OPEN-NOTE QUIZ 1.Name a court case that is an example of judicial review. 2.If a law disagrees with the U.S. Constitution, it is ________________. 3.Who gets to declare laws unconstitutional? 4.What happens to a law that is declared unconstitutional? 5.Unless they do something wrong, a Supreme Court judge will serve until ___________ or ________________.

OPEN-NOTE QUIZ 6.What must the police have in order to arrest you? 7.What are the three things that happen at an arraignment? 8.Can civil cases be appealed? 9.Which type of case gives judges the greatest latitude (freedom)? 10.Can a juvenile be tried as an adult?

OPEN-NOTE QUIZ Name the TYPE OF CASE for each example: 11. A person’s 2 nd Amendment rights are taken away 12.A murder happens aboard a cruise ship in the middle of the Atlantic Ocean 13.You sue a woman from New York 14.A diplomat tries marijuana in Amsterdam 15.North Dakota and South Dakota have a disagreement