Virginia RULES Teens Learn & Live the Law Introduction to Virginia’s Judicial System Introduction Lesson goal: Explain the following: To provide an introductory overview of how Virginia’s courts Today’s lesson is part of the Virginia Rules Program, a are organized and operate. program designed to help teens learn and live the law. Virginia Rules is designed to provide teens with information about Students will learn: laws, with particular emphasis on how the laws apply to their daily lives. • how courts are organized in Virginia Laws are the rules we live by. Not knowing about laws is like • what the different courts do trying to play a game or a sport without knowing the rules. • how cases are brought to and It would be difficult to win the game – or even to be a good heard in local courts player – without knowing the rules. Knowing about laws is • how judges are appointed in especially important because our society is based on the “rule Virginia of law.” Suggested grade levels: “Rule of law” means everyone must respect and obey the law. Laws reflect what a society thinks is right or wrong. We High school students and expect the legal system that our society has established to advanced middle school students protect basic rights, promote order, and punish wrongdoing. An important feature of the “rule of law” is that rules apply Materials: to everyone. Virginia Rules “Virginia’s Judicial System,” student handout. Today’s lesson focuses on the way that courts are organized Virginia Courts: Where Does this and operate in Virginia. We will first look at the four levels of Case Go? activity handout courts, then see where the courts here in fit within the judicial system. YOuR JuRIsDIctION Before the lesson: 1. Read the entire lesson plan. Tell students to refer to the chart on page 1 of their handout that shows the levels of courts in Virginia. 2. Make copies of handouts and any activity/worksheets used in the lesson. 3. Obtain locality- and community-specific information about the District and Circuit Courts. 4. Give thought to appropriate local examples of the problems/issues discussed in the lesson. OFFICE OF THE ATTORNEY GENERAL Lesson PLANS / VIRGINIa’S JUDICIAL SYSTEM - 1 Explain: that the chart shows the four levels of courts in Virginia and that they’ll be learning about what these courts do in today’s lesson. At the top is the Supreme Court of Virginia. It has a Chief Justice and six Supreme Court Justices. The Supreme Court reviews decisions of the Court of Appeals and lower courts and handles matters related to the overall operation of Virginia’s judicial system. Below the Supreme Court is the Court of Appeals. There are 11 Judges on the Virginia Court of Appeals. This court hears appeals from Circuit Courts and cases arising from some state agencies. Next are Circuit Courts, which are organized into 31 circuits. Circuit Courts hear criminal cases involving serious offenses, civil action involving large monetary claims, and appeals from the District courts. Next are District courts, which are organized into 32 districts. there are two types of District courts: General District courts and Juvenile and Domestic Relations District courts. General District Courts hear traffic cases, criminal cases involving minor offenses, and civil cases involving smaller monetary claims. Juvenile and Domestic Relations District courts are often referred to as “J and DR” or simply “juvenile” courts. they have authority in matters related to juveniles and to families. Most criminal cases that go to a General District court go through magistrates. Most cases that go to a Juvenile and Domestic Relations court go through an intake officer. You will learn more about what they do in this lesson. Beginning activity Tell students to look at the map in their student handout. Explain that the map shows the 32 judicial districts into which District courts are organized. Ask students to find their locality and identify the judicial district it is in. 2 - VIRGINIa’S JUDICIAL SYSTEM / Lesson PLANS VIRGINIA RULES • 2016 When students volunteer the correct response, write the judicial district number on the whiteboard or flip chart; then, tell them where the courthouse is located in their locality. What courts do Explain that students will next look more closely at what each court does. Ask students to follow along in their handout. Supreme Court of Virginia Explain: The primary function of the Supreme Court of Virginia is to review decisions of lower courts. Other cases also handled by the supreme court include those involving corporations, the conduct of attorneys and judges, and the performance of other public officials. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission, certain disciplinary actions against an attorney, and review of the death penalty. Virginia Court of Appeals Explain: The Court of Appeals of Virginia provides for review of decisions of the Circuit Courts in traffic infractions, in criminal cases except where a sentence of death has been imposed, and in circuit Court cases involving domestic relations matters. The Court of Appeals also hears appeals from administrative agencies and the Virginia Workers’ compensation commission. Decisions of the court of Appeals can be appealed to the supreme court of Virginia. Eleven judges serve on the state court of Appeals. the court sits at locations designated by the chief judge so as to provide convenient access to the various geographic areas of the commonwealth. the court sits in panels of at least three judges, and the membership of the panels is rotated. Circuit Courts Explain: circuit courts have jurisdiction over some civil cases, some criminal cases, and appeals from lower courts. For civil cases, the court has exclusive original jurisdiction in claims exceeding $25,000. It has concurrent jurisdiction with the General District courts in claims over $4,500 but not exceeding $25,000. this means that civil cases involving claims exceeding $25,000 must be heard in circuit courts, but if the amount is between $4,500 and $25,000 the case may be heard in either the circuit court or the General District court. The criminal cases heard in Circuit Courts include: • all felonies, and offenses that may be punished by commitment to the state prison. Remember: felonies are more serious crimes that result in longer sentences and higher fines; • misdemeanor charges originating from a grand jury indictment; and • felony offenses committed by juveniles that are transferred from the Juvenile court. OFFICE OF THE ATTORNEY GENERAL Lesson PLANS / VIRGINIa’S JUDICIAL SYSTEM - 3 circuit Courts also hear appeals from the General District Court or J & DR District Court. Cases appealed to the Circuit Court are reheard de novo. This means that cases are heard as completely new cases; all evidence is reheard, and a decision is made based on the evidence. Decisions of the circuit court may be appealed to the Virginia court of Appeals and in some cases, to the Supreme Court of Virginia. Ask students if they have any questions about the courts discussed and respond; clarify any information not understood. Grand juries the circuit court judge can also convene a grand jury. Explain: Grand juries serve two purposes: First purpose: to consider indictments prepared by the commonwealth’s Attorney. It is important to understand that the grand jury determines whether there is probable cause to believe that the person accused has committed the crime charged in the indictment and should stand trial. Second purpose: to investigate and report concerning any condition which involves or tends to promote criminal activity, either in the community or by any governmental authority, agency, or official. the grand jury has subpoena powers and may summon persons, documents, or records needed in its investigation. the grand jury hears only the Commonwealth’s side of the case and does not determine the guilt or innocence of the accused. A regular grand jury is composed of five to seven citizens of the city or county in which the circuit court is located. Members of the grand jury must • be citizens of Virginia at least 18 years of age; • have been residents of the state for at least one year; and • have been residents of the county or city in which they are to serve for at least six months. citizens selected by the circuit court judge should have the characteristics of “honesty, intelligence, and good demeanor.” Instructor note: this may be an appropriate time to briefly relate a local case example that students may have heard about involving a grand jury indictment. select a case that received local media coverage, if available. Ask students if they have any questions about the courts discussed and respond; clarify any information not understood. General District Courts Explain: there is a General District court in every city and county in Virginia. A General District court decides all criminal offenses involving ordinances, laws, and by-laws of the county or city in which it is located and all misdemeanors under state law. A misdemeanor is any charge which carries a penalty of no more 4 - VIRGINIa’S JUDICIAL SYSTEM / Lesson PLANS VIRGINIA RULES • 2016 than one year in jail or a fine of up to $2,500, or both. General District courts hear criminal cases, civil cases, and traffic cases. In criminal cases, General District courts do not conduct jury trials; cases are heard by a judge. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt. upon consideration of evidence, the judge first decides the question of guilt or innocence.