15.2 Primary Sources of Law Affecting Local Government

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

15.2 PRIMARY SOURCES OF LAW AFFECTING LOCAL GOVERNMENT

15.201 Case Law and Statutory Law.

A. English Common Law.¹⁴ Under English Common law in effect prior to 1607, a writ of "audita querela" (similar to a motion to quash) continues in force in Virginia but is only applicable to civil judgment debtors and cannot be used in an attempt to modify a criminal sentence. ¹⁵

B. Virginia Supreme Court Decisions. The granting of most civil and criminal appeals is discretionary with the court. Lawyers seeking a review by the Supreme Court must file a "Petition for Appeal" with the Court and have the right to oral argument to a panel of three justices of the Court who decide on whether to grant an appeal.

C. Virginia Court of Appeals Decisions. The Virginia Court of Appeals has limited jurisdiction in matters...