Common law traditions and their historical development

Virginia's State Court System

The state of Virginia's court system is structure in a way that is similar to, though not identical to, the federal court system in the United States. "The present system consists of four levels of courts: the Supreme Court, the Court of Appeals, the circuit courts, and the district courts. In addition, magistrates serve as judicial officers with authority to issue various types of processes. The courts are organized into 31 judicial circuits and 32 similar judicial districts" (State of Virginia, 2011). As with most U.S. court systems, review moves upwards from the lowest level of courts (the trial courts) to the Supreme Court level.

The most basic trial court in Virginia is the magistrate court. "A principal function of the magistrate is to provide an independent, unbiased review of complaints brought to the office by police officers, sheriffs, deputies, and citizens. Magistrate duties include issuing various types of processes such as arrest warrants, summonses, bonds, search warrants, subpoenas, emergency mental and medical custody orders, temporary mental and medical detention orders, emergency protective orders and other civil processes" (State of Virginia, 2011). Magistrates set bail and hears traffic infractions and misdemeanors.

The courts generally considered trial level courts include Virginia's general district, juvenile and domestic relations district courts. "The General District Court hears all criminal cases involving misdemeanors under state law and offenses that are violations of ordinances, laws, and by-laws of the county or city where it is located. A misdemeanor is any charge which carries a penalty of up to one year in jail or a fine of up to $2,500, or both" (State of Virginia, 2011. Criminal jurisdiction also extends to traffic infractions that involve points on a license. In addition, the general district courts hear civil cases with an amount in controversy of $25,000 or less, with a special section for small-claims cases. Juvenile and Domestic Relations Courts hear cases involving juveniles, from criminal cases to family law cases. Another trial-court level in Virginia is the circuit courts. They have jurisdiction over civil actions with monetary claims over $4,500, attachments, cases questioning the validity of laws, divorces, wills and estates, property disputes, felonies, misdemeanor appeals, misdemeanors originating from a grand jury indictment, juveniles tried as adults, appeals from the district courts, and appeals from administrative agencies (State of Virginia, 2011).

"The Court of Appeals of Virginia provides appellate review of final decisions of the circuit courts in domestic relations matters, appeals from decisions of an administrative agency, traffic infractions and criminal cases, except where a sentence of death has been imposed. It also hears appeals of final decisions of the Virginia Workers' Compensation Commission. While appeals of criminal, traffic, concealed weapons permit, and certain preliminary rulings in felony cases are presented by a petition for appeal, all other appeals to the Court of Appeals are a matter of right" (State of Virginia, 2011). In addition, it has original jurisdiction over writs of mandamus, prohibition, and habeas corpus in any case where it would have appellate jurisdiction (State of Virginia, 2011). It can also hear writs of actual innocence, if they are based on non-biological evidence (State of Virginia, 2011).

The Supreme Court of Virginia has both appellate and original jurisdiction, but mainly exists to review the decisions of lower courts. "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" (State of Virginia, 2011). The Supreme Court's original jurisdiction is for: writs of habeas corpus, writs of mandamus, writs of prohibition, and cases of actual innocence based on biological evidence (State of Virginia, 2011). "The Supreme Court also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to judicial censure and retirement, and removal of judges" (State of Virginia, 2011).