Chattering Monkeys

Crazy ho · Joined: 26 Apr 2007 Posts: 36

Virginia Legal System

A. District Courts:

1. In what Virginia Court would a jury trial be held?
Circuit Court
2. What happens to the money that Courts receive as a result of the fines charged against a defendant?
They are paid into the treasury of the city, town or county in which the ordinance has been committed.
3. What are the four reasons that you would appear in court?
• You are a plaintiff because you filed a civil suit, or
• You are a complainant because you have caused criminal charges to be brought against someone, or
• You are a defendant because someone is suing you, or you have been charged with a traffic violation or a criminal offense, or
• You are a witness who has been called to testify.
4. If you are indigent, what procedure will a Virginia judge go through to provide you with an attorney?
He will examine you financial state and if necessary then a lawyer will be appointed to you and if you are found guilty then the cost will be covered as court costs and if you are the complainant then you are represented by the Commonwealth Attorney.
5. What two types of civil suits may the Virginia District Court hear?
Eviction suits ($15,000+) and other cases involving less than $15,000
6. What are misdemeanors and which court handles them?
All criminal offenses besides felonies; General District Court
7. What jurisdiction does a General District Court have in regards to felonies and why?
Preliminary hearings; to determine if there is enough evidence to justify holding the defendant for a grand jury hearing so that the grand jury can determine if the defendant will be indicted and held for trial by Circuit Court
8. If you are found guilty of a crime in Virginia, how must you satisfy your sentence (four answers)
• Paying fines and court costs in full to the clerk of the court if so ordered by the judge.
• Surrendering your driver's license to the clerk if so ordered by the judge.
• Serving time in jail if so ordered by the judge.
• Comply with alternative sentence as ordered by the judge.
• A civil suit for less than $4, 500 would be heard in what court?
9. A civil suit for damages in excess of $15,000 would be heard in what court?
Circuit Court
10. Under what grounds would a District judge send a civil suit to the Circuit Court?
If a judge is District finds the evidence against a defendant to prove within a reasonable doubt that the defendant is guilty then they send the case to the Circuit Court
11. What must you do to appeal your case to a Circuit Court?
File a notice of appeal with the clerk of the General District Court within 10 days after the judgment or conviction by the General District Court
12. Over what situations does the Circuit Court have exclusive jurisdiction?
Criminal felonies and civil cases involving more than $15,000
13. What type of cases does the Circuit Court share with District Courts?
Criminal felonies and civil cases involving between $4,500 and $15,000
14. What type of cases do Juvenile and Domestic Relations handle?
• Delinquents
• Juveniles accused of traffic violations
• Children in need of services
• Children in need of supervision
• Children who have been subjected to abuse or neglect
• Family or household members who have been subjected to abuse
• Adults accused of child abuse or neglect, or of offenses against members of their own family (juvenile or adult)
• Adults involved in disputes concerning the support, visitation, parentage or custody of a child
• Abandonment of children
• Foster care and entrustment agreements
• Court-ordered rehabilitation services
• Court consent for certain medical treatments

The Circuit Courts of Virginia

15. What is meant by the statement -“The Circuit Court is the trial court of general jurisdiction in Virginia?”
The court has authority to try a full range of cases both civil and criminal.
16. What is the tenure of Circuit Court judge and how is he/she selected?
An 8 year term tenure selected by a majority vote of both houses of the General Assembly
17. How is the Clerk of the Circuit selected and what’s the clerk’s responsibility?
Elected by the voters of the locality; responsibility= handles administrative matters for the court and also has authority to probate wills, grant administration of estates, and appoint guardians, custodian of the court records and the clerk's office is where deeds are recorded and marriage licenses issued
18. Over what type of cases does the Circuit Court share concurrent jurisdiction with the District Court?
Criminal felonies and civil cases involving between $4,500 and $15,000
19. What is the Circuit Court’s jurisdiction in criminal cases?
?
20. What jurisdiction does the Circuit Court have over juveniles over 14?
If the 14+ year old committed a felony…
21. What is the appellate jurisdiction of the Circuit Courts of Virginia?

22. What are two purposes for convening a regular grand jury?
(1) to consider indictments prepared by the Commonwealth's Attorney (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), and (2) 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 hears only the Commonwealth's side of the case and does not determine the guilt or innocence of the accused
23. What does a grand jury do?
Same as 22
24. A special grand jury may be empanelled by the Circuit Court for what two reasons?

25. In regards to jury selection, what must the venire reflect?

26. What are the grounds for a change of venue?

27. If venue is granted, what happens?

28. What rule governs appeals from the Circuit Court in regards to:
B. Death penalty and disbarment?

C. Traffic infractions, criminal (not death penalty) and domestic relations cases?

The Court of Appeals
29. Why was the Court of Appeals of Virginia created?

30. What does it mean to say that the Court of Appeals sits in panels?

31. Under what circumstances would the Court of Appeals sit en banc?

32. Appeals to the Court of Appeals come as a matter of right from what type of cases?

33. The Court of Appeals has authority to consider petitions of appeal from what types of cases?

34. The Court of Appeals has original jurisdiction to issue what type of writs?

35. Decisions from the Court of Appeals are final in what cases?

36. Upon what grounds may a petition for review be used to send a case from the Court of Appeals to the Virginia Supreme Court?

Virginia Supreme Court

37. What is the primary function of the Virginia Supreme Court?

38. What three types of cases have an automatic right of appeal to the Virginia Supreme Court?

39. What is original jurisdiction of the Virginia Supreme Court?