Introduction
The history of the creation of statehood and the construction of civil society in the US is so instructive for all mankind, as the creation of the state and the rights in Ancient Rome. The role of the judicial power where judges and courts have initially been allocated with all necessary juridical control is structurally shown in the history of America. Now courts possess more power and have huge respect, for, in the course of realization of the principle of the division of authorities, the court began to bear responsibility for accepting many important decisions on public questions. This paper analyzes the court system taking the state of Virginia in particular in terms of the structure and the way it is operated.
Analysis
Virginia’s court system can be divided into five courts: Supreme Court, Court of Appeals, Circuit Courts, General District Courts, and J&DR Courts. The General District Courts and J&DR (Juvenile and Domestic Relations) Courts are parts of District courts and they are courts of limited jurisdiction. The J&DR courts handle cases that consider delinquents such as:
- Traffic violations involving juveniles
- Spousal and child abuse
- Support and custody matters involving minors
- Children in need of services
The General District courts handle civil cases that consider amounts up to fifteen thousand dollars such as traffic violations. District Courts do not carry out jury trials and they do not have jurisdiction to arbitrate criminal offenses, they only can establish probable cause since they are restricted to preliminary hearings. Only the Chief Judges can appoint clerks of J & DR and General District Courts.
Circuit courts handle cases such as:
- Civil cases exceeding fifteen thousand dollars
- Felonies and misdemeanor charges certified by a grand jury
- Chancery suits, i.e. cases that involve things other than money such as divorce proceedings, name changes, property disputes, adoption proceedings and etc.
- Cases appealed from District courts (only completely new cases)
The decisions of the Circuit Courts can be appealed to the Supreme Court or Court of Appeals based on the type of the case. Most civil cases are appealed to the Supreme Court, whereas criminal cases are appealed to the Court of Appeals.
The Court of Appeal of Virginia was established as a transitional court to raise the capacity of the court system. Since its establishment in 1985, the appellate capacity of the court system has raised by 38.8%.
The Supreme Court of Virginia is one of the oldest courts in the country where its roots are dated back to the seventeenth century where it has been named Quarter Court, the General Court, Supreme Court of Appeals, and finally, in 1978 the name of the court was changed into The Supreme Court by the constitution. The primary function of the court is appellate jurisdiction, although it possesses original jurisdiction as well. The appellate jurisdiction considers appellations from the lower courts including the Court of Appeal and cases which include the disbarment of an attorney, the review of the death penalty, and cases involving the State Corporation Commission.
The original jurisdiction of the Supreme Court covers matters such as:
- Habeas corpus – An order by which the detained person should be brought to court
- Mandamus – order to perform a duty by a holder of an office
- Prohibition
- Cases filed by Judicial Inquiry and Review Commission
Works Cited
General District Court. Virginia’s Court System Overview. 2008. Web.
Virginia’s Judicial System. The Supreme Court of Virginia. 2008. Web.
Virginia’s Judicial System. The Court of Appeals of Virginia. 2008. Web.