Courts
The highest court in the federal court system
United States Supreme Court
The power of the Supreme Courts to decide whether or not laws and executive acts are Constitutional
Judicial Review
The American courts resolve two kinds of legal conflicts - what are they?
Criminal and Civil
The constitutional protection against unfair governmental actions and laws when accused of a crime
Due Process
The two types of authority that courts have to hear cases
These two courts have judges but not jury along with appellate jurisdiction
United States Court of Appeals
Court of Appeal of Virginia
The court case that established judicial review
Marbury v Madison
In a _________ case, a court settles a disagreement between two parties to recover damages or receive compensation.
Civil
This amendment protects a person from unfair treatment by state and local governments when accused of a crime (Hint: It also defines citizenship)
14th Amendment
A written document that authorizes an officer to detain or seize a person or property
warrant
This court has a judge and may or may not have a jury. It has original jurisdiction in felony criminal cases and high-dollar civil cases. This court also has appellate jurisdiction from the General District Court.
Circuit Court of Virginia
He lost the presidential election of 1800
John Adams
In a __________ case, a court decides whether a person accused of breaking the law is guilty or not guilty of a felony or misdemeanor.
Criminal
The Supreme Court has extended the guarantees of the __________________, based upon the due process clause
Bill of Rights
This court is also part of the Virginia General District Court and hears juvenile and family issues cases.
Juvenile and Domestic Relations Court
This court has a judge and may or may not have a jury. It has original jurisdiction for most federal cases.
United States District Court
He told James Madison not to deliver the commission to William Marbury leading to the most influential Supreme Court case to date
Thomas Jefferson
The 3 steps in civil case procedures -
1. A plaintiff files a complaint to recover damages or receive compensation
2. A case may be heard by a judge or jury
3. After the verdict, the case can be appealed to a higher court.
This amendment protects a person from unfair treatment by the federal/national government when accused of a crime
5th Amendment
Name the two types of crimes - which is more serious?
Felony and misdemeanor - felony is more serious
Name the 3 federal and 4 state courts in order from lowest to highest.
Federal - U.S. District Court, U.S. Court of Appeals, U.S. Supreme Court
State - Virginia General District Court, Virginia Circuit Court, Court of Appeals of Virginia, Supreme Court of Virginia
William Marbury wanted the court to issue a writ of mandamus based upon the Judiciary Act of 1789 but Chief Justice John Marshall deemed it to be ___________________.
The 5 steps of criminal procedures in a felony case
1. A person accused of a crime can be ARRESTED if police have probable cause
2. The accused may be committed to JAIL or released on BAIL
3. An ARRAIGNMENT is held where probable cause is reviewed, an attorney may be appointed and a plea is entered
4. A court date is set and a TRIAL is conducted
5. A guilty verdict may be APPEALED
A person cannot be tried for the same crime twice even if new evidence is discovered after a verdict has been given
Double Jeopardy
Sufficient reason to believe a crime has been committed based on facts - police must have this to arrest a person for a crime
Probable Cause