Judicial BranchArticle 3 of the Constitution

Unit 5 Vocabulary

Dual Court

System

Federal

Courts

State Court

s

The United States court system based on Federalism.

The two court systems are:1.Federal2.State

Dual Court System

The 4 levels of the VA

state court system

VA Supreme Court

Court of Appeals

Circuit Court

District Court

SACD

U.S. Supreme Court

U.S. Court of

Appeals

U.S. District Court

SAD

The organization of the federal courts• Supreme Court• Appeals Court• District Court

Judicial review

• The power of the Supreme Court to strike down a law as unconstitutional.

• Established in the case of Marbury v. Madison

• The authority of a court to hear a particular type of case

• The geographic area in which a court has authority to hear cases.

Jurisdiction

Original jurisdiction

A court’s authority to be the “first point of entry” into the court system for a particular

kind of legal case.

Appellate jurisdiction

• The authority of a court to hear an appeal of a case from a lower court.

appeal

To ask a higher court to review a case already heard in a lower court.

Marbury v Madison

•Established the principal of judicial review

Supreme Court

Hears appeals from state courts and lower federal courts

Court of Appeals

Hears appeals and reviewsDecisions made in the U.S. District Court

District Courts

Hears cases involving:• People from different states• Disputes between states themselves• The Constitution and Constitutional rights• Violations of federal laws

Justices

Judges that serve at the U.S. Supreme Court or the

Virginia Supreme Court.

The constitutional requirement that the government must follow fair

rules in a fair manner Due process is guaranteed

by the 5th and 14th Amendments to the U.S. Constitution.

Due Process

This amendment to the U.S. Constitution says the national government cannot deny any

citizen due process of law.

Fifth Amendment

justiceFairness or proper treatment under the

law

Week 2Vocabulary

Criminal and Civil Cases

A serious crime such as murder, kidnapping or armed robbery

Felony

misdemeanor

A less serious crime or violation of law that carries a maximum sentence of no more than one

year in jail

Civil Law

A legal case in which one party (person) sues another party in a disagreement, andasks the court to settle the disagreement

Criminal Law

A case in which the government accuses an individual of breaking the

law

compensation

Something-often money- given someone or some group to make up for a harm that was done to them, in order to “set things right”

In a civil case, money being sought by a person or group to compensate them for a wrong or injury

done to them by another person or

group.

Damages

prosecution

defendant

In a trial, the person accused of a crime or the person being sued

plaintiff

• In a civil case: the person or group bringing the case to court

• In a criminal case: the plaintiff is the government bringing charges against the accused criminal

accused

A person that is being charged with a crime or wrongdoing

14th amendment

Protects and extends citizens’ rights by requiring state governments to follow the

principle of due process of law.

arraignment

Calling into question or finding faultIn a criminal case the accused person goes to

court to hear what the charges are against them and they plead either innocent or guilty

plea

In a criminal case, the person accused is asked to enter a plea (declare) if they are

guilty or not guilty

verdict

The finding or answer of a jury given to the court concerning a matter left to their

judgment

The level of evidence needed to make an arrest or get a search warrant. The evidence must be

more than just suspicion, but does not have to be absolute proof that the person committed the crime.

Probable Cause

Magistrate

May issue warrants, subpoenas, arrest warrants and summons and set bail