State and Federal Court Systems, Terminology, and Amendments

State trial courts function similarly to federal trial courts.
- Fact-finding courts.
- Courts of first instance.
- Involve prosecutors, defense, jury, judge, witnesses, evidence, etc.
State Court of Appeals:
- Exists in some larger states (e.g., Virginia, established around 1985).
- Reviews issues of constitutionality.
- Law reviewing courts.
In smaller states (e.g., Delaware, Rhode Island), appeals go directly to the State Supreme Court.
State Supreme Court (e.g., Virginia State Supreme Court):
- Law reviewing.
- Panel of judges appointed by the governor and confirmed through the legislative process.
Losing at the State Supreme Court level may lead to appealing to the United States Supreme Court.
- Requires a writ of certiorari.
- Requires four justices to agree that the trial had constitutional errors or that the law under which the conviction occurred is unconstitutional.

Federal agencies (e.g., FCC, FTC):
- Appeals process exists within the organization.
- After exhausting internal appeals, one can go to the U.S. Court of Appeals for the District of Columbia.
  - This court is specifically established to oversee federal agencies.
  - Many lawyers dealing with agencies like FCC, SEC, FTC reside in Washington, D.C., for easier appeal processes.
- The case may be further appealed to the United States Supreme Court.
One cannot directly jump from administrative law into a state or federal court unless there is a violation of both state and federal law.
- Example: Kidnapping someone and taking them across state lines.
  - Kidnapping violates state law.
  - Crossing state lines violates federal law.
  - In this case, the individual would be tried in both the state and federal court systems.

Vague: Argument that a legislative action is unclear regarding protected and unprotected rights, thus violating its constitutionality.
Overbroad: A ruling that controls not only illegal actions but also legal acts, making it unconstitutional.
Amicus brief: "Friend of the court" brief.
- Filed by an organization or body with expertise in a field, petitioning the U.S. Supreme Court to provide information.
De novo: Appellate courts generally review the law, but a de novo ruling means they will entertain new evidence not presented at the trial level.
- Very unusual and rare.
En banc: Refers to the entire body of the appellate court.
- On an appellate court, rulings can be made by one judge, a panel of three, or the entire court (en banc).
- Also applies to the U.S. Supreme Court, especially in death penalty cases.
Writ of certiorari: A petition to the United States Supreme Court to have a case heard.
- Requires four justices to vote for the case to be heard.
- Even with only eight justices due to a death or unfulfilled appointment, four votes are still needed.
Moot: The court rules that the issue is no longer important or relevant due to various factors, leading the appellate court to drop the case.

Senior most justice is always the Chief Justice, regardless of appointment date.
Justices are arranged by seniority, with the most recently appointed justice on the far left.

Majority: At least five of the nine justices agree on the ruling.
Concurring: Agreeing with the majority but with slightly different reasoning.
- The concurring opinion may hold more weight in future cases.
Dissenting: Justice is in the minority and writes an opinion explaining their differing vote.
- Aimed at influencing future court opinions.
Plurality: No clear majority opinion; only two justices may agree on a particular slant.
Per curiam: Decision based on briefs without oral arguments.
- Justices believe the issue is clear in the briefs.
- The decision is unsigned.
Memorandum: Simply a recording of the vote without rationale.
- Lacks deep stare decisis.

Judicial citations include numbers after the volume.
U.S. Supreme Court: Look for initials such as US, Supreme Court Reporter, Lawyers Edition, Supreme Court Reports, and Media Law Reporter.
FedSecond: Circuit Court of Appeals.
- Includes the circuit number (1-13) and the year of the ruling.
FedSup: Federal District Court (trial level court).
Virginia State Supreme Court: Designated as VA.

First Amendment: Deals with individual rights.
- Freedom of speech.
- Freedom of the press.
- Freedom of assembly.
- Freedom of religion.
- Right to petition the government for redress of grievances.
- This course concentrates on freedom of the press.
Fifth Amendment: Deals with the concept of prior restraint (stopping information before it can get out).
- Important for making informed decisions in a democracy.
Sixth Amendment: Guarantees a fair, public trial.
- Media presence ensures constitutional guarantees and a fair trial for the defendant.
Fourteenth Amendment: Deals with due process of law.
- Ensures fairness and the ability to appeal if the courts have been biased or jury members have a bias against the defendant.

Initial interaction with the court system is with a magistrate.
- Determines bail and whether someone should be incarcerated.
General District Court (32 in Virginia):
- Handles speeding tickets, drunken public tickets, etc.
- A judge handles cases quickly.
- One can represent oneself or hire an attorney.
Juvenile and Family Relations Court:
- Deals with the rehabilitation of young juveniles and family relations such as divorce or adoption.
- The court may not be open to the public.
Magistrates, Juvenile and Family Relations Courts, and General District Courts are not courts of record.
- No detailed stenographic notes are taken.
Circuit Courts: First dealing with the trial court system.
- 31 circuits.
- Handles civil suits and criminal cases.
Court of Appeals:
- Judges serve ten-year staggered sentences.
- Seven judges.
Supreme Court of Virginia:
- Seven judges serve twelve-year staggered terms.
- Appointed by the governor and confirmed by the legislative body.
Trial court is the Circuit Court, followed by the Court of Appeals, and then the Supreme Court of Virginia.
Appeal from the Supreme Court of Virginia can go to the United States Supreme Court.