Federal and State Court Study Guide



Executive/Judicial Study Guide

1.) Name and explain the 7 roles of the Executive Branch.

Chief of State- Ceremonial head of the government

Chief Executive- Head of the executive branch of government

Chief Legislator- Proposer of the legislative agenda

Commander-in-Chief- Head of the nation's armed forces

Chief Diplomat- Architect of American foreign policy

Chief of Party- Leader of the political party that controls the executive branch

Chief Citizen- Representative of all the people

2.) Name 4 ways that the President can influence legislation

-Proposing legislation in an annual speech to Congress (The State of the Union Address)

-Appealing directly to the people

-Approving or vetoing legislation

-Appointing officials who carry out the laws

3.) The President executes the laws of the land

4.) Name 3 positions the President appoints. Cabinet officers, ambassadors, and federal judges

5.) What does it mean to “administer the federal bureaucracy?” To be the leader of the executive branch

6.) Virginia’s court system gets its organization and jurisdiction from 2 sources. Name them.

a. Virginia Constitution

b. State laws

7.) How are state courts organized and what jurisdiction does each level exercise?

8.)State laws must conform to the state and United States constitutions.

9.)Who are magistrates? People who issue search warrants, subpoenas, arrest warrants, and summons and set bail amounts.

10.)How are federal courts organized, and what jurisdiction does each exercise?

11.) The federal court system’s organization and jurisdiction comes from what 2 sources? US Constitution and federal laws

12.) What is judicial review? When the US Supreme Court nullifies (throws out) a law, national or state, because it conflicts with the US Constitution.

13.) Which Supreme Court case established judicial review? Marbury vs. Madison

14.) The power of judicial review is an important check on the legislative and executive branches of government.

15.) What is the 1) supreme law of the land and the 2) court of last resort?

1) US Constitution

2) US Supreme Court

16.) Courts resolve what 2 kinds of legal cases? a. Criminal b.Civil

17.) What is the criminal procedure in a felony case?

• Arrested due to probable cause

• Committed to jail or bail is set

• Arraignment and plea is entered

• Court date set and trial is conducted

• If guilty, verdict may be appealed to Court of Appeal or directly to Supreme Court in some cases.

18.) What is the procedure for bringing a civil case to trial?

• Plaintiff files a complaint to recover damages or get compensation.

• Case heard by judge or jury.

• Case may be appealed to Court of Appeal or directly to Supreme Court in some cases.

19.) Define the following words:

a. misdemeanor – crimes less serious than felonies, such as reckless driving, DUI, possession of marijuana, or assault and battery.

b. felony – more serious crimes, such as robbery or murder.

c. civil – suits or actions that involve disputes/disagreements between 2 parties (people).

d. criminal – cases where defendants have committed crimes.

e. arraignment – when a person accused of a crime comes before the court to answer a charge of a crime or indictment.

f. bail – money or property paid to get a defendant out of jail until the trial.

g. juvenile – anyone under the age of 18.

h. original jurisdiction – hears a case first.

i. appellate jurisdiction – hearing a case that has already been heard by a lower court and the verdict is being appealed (or protested).

j. plaintiff – person who brings a suit against the defendant. This could be an individual, state or the United States.

k. defendant – person accused.

l. probable cause – reasonable suspicion of criminal behavior.

m. Due process- the constitutional protection against unfair governmental

n. actions and laws.

o. 5th amendment-protection from the Federal Government

p. 14th amendment-protection from the state

q. Bureaucracy- A complicated organization of many people, departments and agencies. Everyone is fulfilling a government function (working towards a goal).

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Virginia Supreme Court

(Justices/no jury)

• Court of final appeal (appellate jurisdiction)

• Limited original jurisdiction

Court of Appeals of Virginia

(Judges/no jury)

• Appellate jurisdiction from circuit courts

Circuit Courts

(Judge and jury)

• Original jurisdiction for felony criminal cases and for certain civil cases

• Appellate jurisdiction from district courts

General District Courts

(Judge)

• Original jurisdiction of misdemeanors

• Civil cases generally involving lower dollar amounts

Juvenile and Domestic Relations District Court

(Judge/no jury)

• Juvenile and family cases

U.S. Supreme Court

(9 Justices/no jury)

Jurisdiction: Appellate and Limited Original

U.S. Court of Appeals

(Justices/no jury)

Jurisdiction: Appellate

U.S. District Court

(Judge with jury)

Jurisdiction: Original

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