Hallowed Heritage: The Life of VirginiaTorpey, Dorothy Margaret
History
Hallowed Heritage: The Life of Virginia
Torpey, Dorothy Margaret
Virginia -- Civilization
There are two types of court jurisdiction: original and appellate.
Original jurisdiction exists whenever a court has the legal right
to hear a case for the first time. Appellate jurisdiction exists
whenever a court is hearing a case which is being appealed or
brought to it from a lower court. The Virginia Supreme Court of
Appeals has original jurisdiction in cases of habeas corpus,
mandamus and prohibition. Habeas corpus is a court order which
commands a person having another individual in custody to bring
before the court the individual detained for the purpose of
determining the legality of detention. A mandamus is a court
order directed to subordinate courts, corporations, or the like,
commanding them to do something therein specified. A prohibition is
a writ or court order which legally restrains someone from doing
some particular action. In all other cases in which the Supreme
Court of Appeals has jurisdiction, it has appellate jurisdiction
only. The General Assembly has the power to provide, from time to
time, for a Special Court of Appeals whose chief purpose is to
assist the Supreme Court of Appeals.
Whenever a judgment or decree is reversed, modified or affirmed
by the Supreme Court of Appeals, the court must state in writing
the reasons for same and must keep such record on file with the
case. In criminal matters, the court may direct a new trial. If
the court believes that the accused should be discharged from
further prosecution, in such instance, it has the right to order
the case ended, thereby discharging such an individual from further
prosecution. This court has no power, however, to increase or
decrease the punishment of an accused person. In civil cases, the
court may enter a final judgment.
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