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The American Legal System

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Page 1: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

The American Legal System

Page 2: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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.

Page 3: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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)

Page 4: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Article III

Page 5: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Page 6: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

U. S. Supreme Court

Page 7: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

U. S. Supreme Court Appeals

Limited original jurisdiction

Page 8: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

U. S. Supreme Court Appeals

Limited original jurisdiction

No

Page 9: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

U. S. Supreme Court Appeals

Limited original jurisdiction

No

U. S. Court of Appeals

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

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

Court Jurisdiction Jury

U. S. Supreme Court Appeals

Limited original jurisdiction

No

U. S. Court of Appeals Appeals from district courts

Page 11: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

U. S. Supreme Court Appeals

Limited original jurisdiction

No

U. S. Court of Appeals Appeals from district courts No

Page 12: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

U. S. Supreme Court Appeals

Limited original jurisdiction

No

U. S. Court of Appeals Appeals from district courts No

U. S. District Court

Page 13: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

U. S. Supreme Court Appeals

Limited original jurisdiction

No

U. S. Court of Appeals Appeals from district courts No

U. S. District Court Original jurisdiction

Page 14: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

U. S. Supreme Court Appeals

Limited original jurisdiction

No

U. S. Court of Appeals Appeals from district courts No

U. S. District Court Original jurisdiction Yes

Page 15: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

What is a magistrate?

A magistrate issues search warrants, subpoenas, arrest warrants, and summons and sets bail.

Page 16: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Page 17: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court

Page 18: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

Page 19: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Page 20: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia

Page 21: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia Appeals from circuit courts

Page 22: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia Appeals from circuit courts No

Page 23: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia Appeals from circuit courts No

Circuit Court

Page 24: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia Appeals from circuit courts No

Circuit Court Felony criminal cases

Civil cases over $1,000

Appeals from district courts

Page 25: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia Appeals from circuit courts No

Circuit Court Felony criminal cases

Civil cases over $1,000

Appeals from district courts

Yes

Page 26: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia Appeals from circuit courts No

Circuit Court Felony criminal cases

Civil cases over $1,000

Appeals from district courts

Yes

General District Court

Juvenile and Domestic Relations Court

Page 27: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia Appeals from circuit courts No

Circuit Court Felony 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

Page 28: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Court Jurisdiction Jury

Virginia Supreme Court Court of final appeal

Limited original jurisdiction

No

Court of Appeals of Virginia Appeals from circuit courts No

Circuit Court Felony 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

No

Page 29: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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.

Page 30: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

What Supreme Court case established the principle of judicial review?

Marbury v. Madison

Page 31: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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.

Page 32: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 33: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

What is civil law?

A court settles a disagreement between two parties

Page 34: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 35: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 36: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

What is due process of law?

The constitutional protection against unfair governmental actions and laws

Page 37: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

Where are due process protections defined?

• 5th Amendment – prohibits the national government from acting in an unfair manner

• 14th Amendment – prohibits the state and local government

from acting in an unfair manner

Page 38: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

Raise your hand to answer the following questions!

Page 39: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 40: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 41: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 42: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 43: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

Name the levels of the federal and state courts that have a jury.

U. S. District Courts

&

Circuit Courts of Virginia

Page 44: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 45: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

What are the two sides in a civil trial called?

plaintiff and defendant

Page 46: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 47: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 48: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 49: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Page 50: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

What part of the Constitution deals with the Judicial Branch?

Article III

Page 51: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

What part of the Constitution provides due

process protections?

5th & 14th Amendments

Page 52: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

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

Supreme Court.

http://www.supremecourt.gov/

Page 53: The American Legal System. Relevant Standards of Learning CE.10 The student will demonstrate knowledge of the judicial systems established by the Constitution

Complete an A to Z AboutJudicial Branch review sheet