Virginia Supreme Court Popular Books

Virginia Supreme Court Biography & Facts

The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia. Established in 1779 as the Supreme Court of Appeals, the Supreme Court of Virginia is one of the oldest continuously active judicial bodies in the United States. History of the Supreme Court of Virginia Colony of Virginia The Supreme Court of Virginia has its roots in the seventeenth century English legal system, which was instituted in Virginia as part of the Charter of 1606 under which Jamestown, Virginia, the first permanent English settlement in North America, was established. In 1623, the Virginia House of Burgesses created a five-member appellate court, which met quarterly to hear appeals from the lower courts. Meeting on the first day of March, June, September, and December, it became known as the Quarter Court. The June term became unnecessary over the years, and in 1661, the Quarter Court became the General Court with original and appellate jurisdiction in both civil and criminal matters. It was a court of last resort for the Virginia colonists except in those rare circumstances when an appeal could be made to the king in England. Its members were appointed by the king on the basis of social standing, property, and the proximity of their estates to the colonial capital, Williamsburg. Though the judges were generally most capable, the majority possessed no formal legal training. Commonwealth At the close of the Revolutionary War, the court system was reorganized. An act of the new General Assembly in 1779 created four superior courts, including the Supreme Court of Appeals, to be composed of judges of the other three existing courts: the Admiralty, the General, and the Chancery Courts. The Supreme Court of Appeals, which served as a model for the United States Supreme Court, first convened in Williamsburg on August 30, 1779. Shortly thereafter, the Court was moved to Richmond and held its sessions in the Henrico County Courthouse. Its jurisdiction was primarily appellate, and its members were elected by the legislature. Among the court's first members were several distinguished legal scholars and jurists as well as leaders of the revolutionary period. Edmund Pendleton, who served Virginia as a delegate to the First Continental Congress, was selected by the judges as its first president. George Wythe, the mentor of Thomas Jefferson and signer of the Declaration of Independence, and John Blair Jr., who later served on the United States Supreme Court, were also members of Virginia's first Supreme Court. Other notable members were William Fleming, the third governor of Virginia and Paul Carrington. Until 1788, the judges did not render written opinions or give reasons for their decisions. Pendleton felt that the policy of no written opinions preserved a semblance of unity for the court and lent more credence to their decisions. Thomas Jefferson disagreed and began recording the decisions of the court in his reports. The court convened on the tenth day of April and met for twenty-four days unless they were able to complete their business sooner. A legislative act of 1788 provided that the court should be entirely separated from the other courts with five judges to be elected by joint vote of both houses of the General Assembly. These men were commissioned by the Governor and appointed for life on good behavior. This resulted in placing the judges beyond control of the legislature once on the bench, and the court continued to function in this manner for more than half a century. The Reform Convention of 1850–51 again reorganized the judiciary by limiting the terms of the justices to twelve years and providing for their election by popular vote. The state was divided into five judicial sections, and each candidate was required to be at least thirty-five years old and to reside within the section he wished to represent. The resulting Constitution of 1851 also required the court to state in writing its reasons for reversing or affirming a judgment or a decree. Following the turmoil of the Civil War, the Constitution of 1870 altered the method of selecting judges and reestablished election by joint vote of both houses of the General Assembly, retaining the term of twelve years. The constitution also required that annual sessions be held away from Richmond in the localities of Wytheville, Staunton, and Winchester. This mandate from the days of horse and buggy travel continued into the twentieth century, with sessions being held in Staunton as late as September 1970. In recent years, however, the court has held panels to hear petitions for appeal outside of Richmond during the summer. These sessions are held for the convenience of the attorneys who would otherwise have to travel to Richmond and also to provide a higher profile for the court outside of Richmond. By constitutional amendment in 1928, the number of justices was increased to seven and the title of the presiding officer of the court was changed from President to Chief Justice. At the same time, the amendment significantly increased the power given the Supreme Court. Jurisdiction of the Virginia Supreme Court Although the Supreme Court of Virginia possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed. The court's original jurisdiction is limited to cases of habeas corpus, mandamus, prohibition, and writs of actual innocence based on DNA or other biological evidence. It also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to judicial censure, retirement, and removal of judges. Appeals are taken directly to the Supreme Court in most civil cases tried by circuit courts. However, the Court of Appeals has intermediary jurisdiction over appeals in domestic relations cases, including divorce and annulment, child custody, and child and spousal support; the Court of Appeals also has intermediary jurisdiction over appeals from administrative agencies and the Workers' Compensation Commission. The Court of Appeals has intermediary jurisdiction over all appeals in traffic and criminal cases except where the death penalty has been imposed. The decision of the Court of Appeals is final in domestic relations appeals, administrative and workers' compensation appeals, and traffic and criminal appeals where no incarceration is imposed; the Supreme Court has no jurisdiction in these cases unless it initially determines that the appeal involves a substantial constitutional question as a determinative issue or matters of significant precedential value. Most appeals to the Supreme Court are discretionary, meaning the court has the au.... Discover the Virginia Supreme Court popular books. Find the top 100 most popular Virginia Supreme Court books.

Best Seller Virginia Supreme Court Books of 2024

  • The Supermajority synopsis, comments

    The Supermajority

    Michael Waldman

    A “terrific, if chilling, account” (The Guardian) of how the Supreme Court’s new conservative supermajority is overturning decades of law and leading the country in a dangerous pol...

  • Supreme Court of Virginia Holds That the University of Virginia Health Services Foundation is Not Entitled to Assert Charitable Immunity Doctrine As a Defense to Lawsuits synopsis, comments

    Supreme Court of Virginia Holds That the University of Virginia Health Services Foundation is Not Entitled to Assert Charitable Immunity Doctrine As a Defense to Lawsuits

    Developments in Mental Health Law

    Individuals experiencing acute psychiatric distress often approach the emergency room of a local hospital when they are in need of care, either because they need emergency services...

  • The Price of Principle synopsis, comments

    The Price of Principle

    Alan Dershowitz

    In his fiftieth book, The Price of Principle: Why Integrity Is Worth the Consequences, Alan Dershowitz#1 New York Times bestselling author and one of America’s most influential leg...

  • Virginia Rules of Supreme Court 2024 synopsis, comments

    Virginia Rules of Supreme Court 2024

    Virginia State Legislature

    Virginia Rules of Supreme Court, as amended through January 4, 2024. This book is perfect for law firms, independent lawyers, paralegals, students and the general public. It is fo...

  • After the White House synopsis, comments

    After the White House

    Max J. Skidmore

    What exactly has Bill Clinton been doing since he left office? What can he expect to accomplish? What have his predecessors in his position done? Many presidents have had enormous ...

  • Imbeciles synopsis, comments

    Imbeciles

    Adam Cohen

    Longlisted for the 2016 National Book Award for NonfictionOne of America’s great miscarriages of justice, the Supreme Court’s infamous 1927 Buck v. Bell ruling made government ster...