Judicial Branch Study Guide
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CE.10a – U.S. COURTS
CE.10a – STATE COURTS
The U.S. Constitution established a court
system to rule on FEDERAL laws.
Virginia has its own separate court system.
Virginia’s Constitution established the courts
to rule on STATE laws.

U.S. Supreme Court
 9 Justices, No Jury
 Rule on laws and cases dealing with the
U.S. Constitution
 Appellate Jurisdiction
 Limited Original Jurisdiction
 U.S. Court of Appeals
 Judges, No Jury
 Appellate Jurisdiction
 Hears appeals from lower courts
 U.S. District Court
 Judge, with/without JURY
 Original Jurisdiction

CE.10c – CRIMINAL CASES
CE.10c – CIVIL CASES
CE.10d – DUE PROCESS
In a criminal case, a court determines
whether a person accused of breaking the
law is guilty or not guilty of a
misdemeanor or felony.
In a civil case, a court settles a
disagreement between two parties to
recover damages or receive
compensation.
Due process of law: the constitutional
protection against unfair governmental
actions and laws (government must treat
you fairly according to the law)
Procedure for civil cases
1. The plaintiff files a complaint to
recover damages or receive
compensation
2. Response by defendant
3. Trial - Cases may be heard by a judge
or a jury
4. Cases may be appealed
Due process protections
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The 5 Amendment prohibits the national
government from acting in an unfair
manner.
Procedure for criminal cases
1. Arrest as long as there is probable
cause
2. Accused may go to jail or be released
on bail
3. Arraignment
a. Probable cause is reviewed
b. Attorney may be appointed
c. Plea is entered
4. A court date is set and the trial is
conducted
5. An appeal may be requested if the
verdict is guilty
VA Supreme Court
 Justices, No Jury
 Rule on laws and cases dealing
with the VA Constitution
 Appellate Jurisdiction
 Limited Original Jurisdiction
 VA Court of Appeals
 Judges, No Jury
 Appellate Jurisdiction – hears
appeals from Circuit Court
 Circuit Court
 Judge, with/without JURY
 Original Jurisdiction for felony
criminal cases and certain civil cases
 Appellate jurisdiction from district
courts
 U.S. District Court/Juvenile & Domestic
Relations Court
 Judge, No Jury
 Original Jurisdiction for
misdemeanor criminal cases, low
dollar civil cases, and juvenile and
family cases
10b – MARBURY v. MADISON
Judicial Review: The power of the U.S. Supreme
Court to rule on laws or cases to determine if
they are constitutional or unconstitutional
Marbury v. Madison established the principle
of judicial review at the national level.
The Constitution of the United States of
America is the supreme law of the land. State
laws must conform to the Virginia and United
States constitutions.
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The 14 Amendment prohibits the state
and local governments from acting in an
unfair manner.
The Supreme Court has extended the
guarantees of the Bill of Rights, based
upon the due process clause.
CE.10b – MARBURY v. MADISON
1. The Supreme Court has the power of _________________________________________________________.
2. The Supreme Court’s job is to _______________________ laws passed by ________________________ or acts
done by the ______________________________________.
3. The Supreme Court is made up of nine (9) _______________________________________.
4. Judicial review means that the Supreme Court can rule on or overturn cases to determine if they are
__________________________________________ or ___________________________________________.
5. The U.S. Constitution is the ________________________ law of the ________________, meaning there is no
law more important or powerful.
6. State and local laws must conform to the ________________________________________________________.
DIRECTIONS: Match the term with the definition.
__________1. DUE PROCESS
A. in violation of the Constitution
B. case that established the principle of judicial review
__________2. U.S. SUPREME COURT
C. the supreme law of the land
__________3. VIRGINIA SUPREME COURT
D. the right to be treated fairly by the government
__________4. UNCONSTITUTIONAL
E. it has the final word on constitutionality of all U.S. laws
__________5. MARBURY v. MADISON
F. it has the final word on constitutionality of all state laws
__________6. JUDICIAL REVIEW
G. power of the courts to determine the constitutionality of laws and
__________7. U.S. CONSTITUTION
executive acts
CE.10c – CRIMINAL AND CIVIL CASES
Procedure for a Criminal Case – Write one or two words in each box to summarize the steps of a criminal case.
1.
2.
3.
4.
5.
Procedure for a Civil Case – Write one or two words in each box to summarize the steps of a criminal case.
1.
2.
3.
4.
1.
2.
3.
4.
___________________ __________________ is when a police officer has a reasonable belief a crime has been committed
When a defendant enters a _________________ , they are telling the court they believe they are guilty or innocent.
When a person accused of a crime is released on ______________, they pay some money to the courts to go free until the trial.
If a person receives an unfavorable verdict, they may request an ______________________. (ask to have the trial reviewed)
CE.10a – U.S. AND VA COURT SYSTEMS
Write the abbreviation for the proper court that would hear the cases listed below.
U.S. COURT SYSTEM
VA COURT SYSTEM
SC = U.S. Supreme Court
VSC = VA Supreme Court
CA = U.S. Court of Appeals
VCA = VA Court of Appeals
DC = U.S. District Court
C = Circuit Court
GD = District Court
JD = Juvenile & Domestic Relations
________1. Ms. Jones of Maine is suing Mr. Smith of Iowa for
________6. Mr. Lewis is suing Mrs. Lewis for custody of their
not fulfilling his part in a business agreement.
two children.
________2. Mr. X is charged with kidnapping a child and
________7. Ms. Carlyle was charged with felony for vandalism of
transporting her across state lines.
personal property.
________3. Mr. X is convicted of kidnapping and feels he did not ________8. Ms. Carlyle was found guilty of vandalism and
receive a fair trial. He wants a new trial.
wishes to appeal.
________4. The state of Arizona and California are in a dispute
________9. Mr. Musick is pressing charges against a student
over the use of water from the Colorado River
who cussed out a teacher.
basin.
________10. Mr. Sanchez is suing his neighbor for $250 for a
________5. Ms. Chang, a diplomat from China, has been
damaged fence.
charged with involuntary manslaughter because of
________11. Ms. White has been found guilty and given the
driving under the influence of alcohol.
death penalty. Where should she appeal?
CE.10d – DUE PROCESS OF LAW
1. ______________ _________________________ is the protection that everyone has from abuses by the government.
2. Americans are protected from abuses done by the federal government because the ________ Amendment protects their rights.
3. Americans are protected from abuses done by the state & local gov’ts because the _______ Amendment protects their rights.
4. The ___________ of ________________ has been used to extend ______________ _________________ rights to all Americans.
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5. The 14 Amendment protects the people from the ____________________________________________ taking away their rights.
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6. The 5 Amendment protects the people from the _____________________________________________ taking away their rights.