Virginia Constitution Article VI § 1 – Judicial power; jurisdiction
Terms Used In Virginia Constitution Article VI § 1 - Judicial power; jurisdiction
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The judicial power of the Commonwealth shall be vested in a Supreme Court and in such other courts of original or appellate jurisdiction subordinate to the Supreme Court as the General Assembly may from time to time establish. Trial courts of general jurisdiction, appellate courts, and such other courts as shall be so designated by the General Assembly shall be known as courts of record.
The Supreme Court shall, by virtue of this Constitution, have original jurisdiction in cases of habeas corpus, mandamus, and prohibition; to consider claims of actual innocence presented by convicted felons in such cases and in such manner as may be provided by the General Assembly; in matters of judicial censure, retirement, and removal under Section 10 of this Article, and to answer questions of state law certified by a court of the United States or the highest appellate court of any other state. All other jurisdiction of the Supreme Court shall be appellate. Subject to such reasonable rules as may be prescribed as to the course of appeals and other procedural matters, the Supreme Court shall, by virtue of this Constitution, have appellate jurisdiction in cases involving the constitutionality of a law under this Constitution or the Constitution of the United States and in cases involving the life or liberty of any person.
The General Assembly may allow the Commonwealth the right to appeal in all cases, including those involving the life or liberty of a person, provided such appeal would not otherwise violate this Constitution or the Constitution of the United States.
Subject to the foregoing limitations, the General Assembly shall have the power to determine the original and appellate jurisdiction of the courts of the Commonwealth.
The amendment ratified November 4, 1986 and effective December 1, 1986—In paragraph two, after “mandamus, and prohibition”, deleted “and” and added to the sentence “, and to answer questions of state law certified by a court of the United States . . .”.
The amendment ratified November 4, 1986 and effective December 1, 1986—In paragraph three, after “relating to the State revenue.”, added the last sentence “The General Assembly may also allow the Commonwealth . . .”.
The amendment ratified November 5, 1996 and effective January 1, 1997—Deleted the third paragraph: “No appeal shall be allowed to the Commonwealth . . .” and added a next-to-the-last paragraph: “The General Assembly may allow the Commonwealth . . .”.
The amendment ratified November 5, 2002 and effective November 15, 2002-In paragraph two, after “mandamus, and prohibition”, deleted the comma and added “; to consider claims of actual innocence presented by convicted felons in such cases and in such manner as may be provided by the General Assembly;” and after “article”, deleted the comma and added a semicolon.