THE VIRGINIA COURT SYSTEM

Virginia is divided into districts and circuits (often covering the same geographical area).

Each of these districts and circuits have trial courts serving them.

THE GENERAL DISTRICT COURT

There are 32 districts in Virginia.

District judges are elected by a majority vote of each house of the General Assembly for 6-year terms.

Each General District Court has a chief judge, who is elected by his or her peers for a term of two years.

The General District Court is the lowest level trial court. It is a court not of record and handles cases only on a non-jury basis.

Criminal

After a local magistrate issues an arrest warrant and the subject is arrested (although often the suspect is arrested and then the warrant is issued), the case moves into the General District Court.

Misdemeanors and traffic offenses: non-jury trials only

Felonies: through the preliminary hearing stage

Civil

Has exclusive original jurisdiction over civil cases in which the amount claimed is under $1,000.00.

Has concurrent original jurisdiction with the circuit court over civil cases in which the amount claimed is between $1,000.00 and $10,000.00.

THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT

Handles: Juvenile delinquents

Juveniles accused of traffic offenses

Children in need of services (CINS)

Victims of child abuse and neglect

Adults charged with child or spousal abuse

Visitations and custody disputes

All cases are heard non-jury and are closed to the public.

THE CIRCUIT COURTS

Judges are elected by a majority vote of each house of the legislature for 8-year terms.

The chief judge is elected by his or her peers for two years.

Criminal

Handles the trial (jury or non-jury) of felony cases.

Handles the trial (jury or non-jury) of misdemeanor cases, which originated as part of the grand jury indictment or which were sent up for trial de novo from the General District Court.

JDR trial de novo

Handles trial de novo from the Juvenile and Domestic Relations District Court.

Civil cases

Handles the trial of those civil cases in which the amount claimed exceeds $10,000.00.

Handles the trial of those civil cases in which the claim is between $1,000.00 and $10,000.00 (either which originated at this level or which were sent up from the General District Court for a trial de novo).

Equity cases

Equity cases are civil cases in which some judicial action is sought (ie. divorce or injunction) as opposed to a law case, which is a civil case in which a money judgement is sought.

Equity cases are filed and tried at the circuit level.

THE VIRGINIA COURT OF APPEALS

This is an intermediate court of appeals. Ten judges are elected for 8-year terms in the same manner as circuit judges.

Take the following cases as a matter of right and is the court of final appeal for these cases

a) Domestic relations cases from the circuit court

b) Circuit court decisions on administrative agency appeals

c) Industrial commission final decisions

Takes the following cases on a discretionary basis

a) Misdemeanors and felonies (not involving the death penalty) from the circuit court

b) Traffic infractions from the circuit court

Misdemeanor cases and traffic infractions which do not involve incarceration may not be appealed to the Virginia Supreme Court. The Virginia Court of Appeals is the court of final appeal in these cases.

All other criminal cases (except those which involve the death penalty) may be appealed to the Virginia Supreme Court from the Virginia Court of Appeals. These cases would include misdemeanor cases and traffic infractions which do involve incarceration, and felony cases (not involving the death penalty).

Felony cases involving the death penalty will bypass the Virginia Court of Appeals and go directly to the Virginia Supreme Court.

THE VIRGINIA SUPREME COURT OF APPEALS

Seven justices are elected by 12-year terms by a majority of each house of the General Assembly. The senior justice is considered the Chief Justice.

Takes cases as a matter of right only in death penalty cases, attorney disbarment cases and cases from the State Corporation Commission.

Takes other cases by petition (discretionary) from the circuit courts.

THE FEDERAL COURT SYSTEM

The United States is divided into federal districts geographically for trial purposes (served by U.S. District Courts) and into federal circuits for appeal purposes (served by U.S. Circuit Courts of Appeals). The U.S. Supreme Court is the court of final appeal in the federal court system.

UNITED STATES DISTRICT COURTS

U.S. Magistrates

U.S. Magistrates are considered part of the U.S. District Court.

They issue search and arrest warrants in criminal cases; and handle felony cases through the preliminary hearing stage.

They handle misdemeanor cases (jury and non-jury) if the defendant elects to be tried at this level rather than before a U.S. District judge.

NOTE: If such a case is tried before the magistrate, a U.S. District judge can review and modify that decision, but will not try the case de novo.

U.S. District Courts

Handle felony trials and misdemeanor cases which were not handled by the magistrate.

Handle civil actions in which there is a diversity of citizenship and a claim of at least $50,000.00.

Also handles civil actions involving a federal statute which authorizes civil damages for its violation.

There are 89 federal districts in the U.S. plus on each in the District of Columbia, Guam, Puerto Rico, the Virgin Islands and the Northern Mariana Islands.

THE UNITED STATES COURTS OF APPEALS

These are federal intermediate courts of appeals.

There are 11 judicial circuits, plus one circuit for the District of Columbia and one called the Federal Circuit.

The 11 federal circuit courts

Take appeals from the U.S. District Courts within that particular circuit.

The D.C. Circuit

Takes appeals from the U.S. District Court for the District of Columbia as well as federal administrative agencies.

The Federal Circuit

Takes appeals in patent, copyright and trademark cases from any U.S. District Court. Takes appeals from the U.S. Claims Court and the U.S. Court of International Trade.

THE SUPREME COURT OF THE UNITED STATES

There are 9 Supreme Court justices, appointed for life by the President.

All cases are heard en banc (with all the justices sitting).

Handles most cases on a discretionary basis by writ of certiorari.

Handles some cases as a matter of right (ie. cases in which a state statute has been declared unconstitutional.

TIPS ON HOW TO NAME THE COURTS

Virginia court system

The trial courts in Virginia must be described as follows:

First, the level of the court (General District/Circuit);

Second, the county or city which that court serves.

Examples: The General District Court of Fairfax County

The Circuit Court for the City of Alexandria

The appellate courts in Virginia:

The Supreme Court of Virginia

The Court of Appeals of Virginia

The federal court system

Follow the same rules as in Virginia. Name the level and then the particular district or circuit served.

Examples:

The U.S. District Court for the Eastern District of Virginia

The U.S. District Court for the Northern District of Ohio

The U.S. Court of Appeals for the Fourth Circuit

The U.S. Court of Appeals for the District of Columbia Circuit

The U.S. Court of Appeals for the Federal Circuit

The D.C. Court system

Trial court: Superior Court for the District of Columbia

Appellate court: Court of Appeals for the District of Columbia