...system. An appeal is when a court case is taken to a higher court in hopes of overturning the lower courts judgment. The appeals process is part of the systems “Checks and Balances” and makes sure that the defendants have their right of due process. In many cases the defendant will ask for an appeal because they feel that the judgment placed on them was not accurate or that there were legal reasons in their court case that the appeals court would like to review. When it comes to appealing the decision of a court case, it is not only the defendants right to do so. Both the prosecution and the defense have the right to appel the outcome of a court case. However, “Defendants can always appeal a conviction if appropriate legal grounds exist, the government generally cannot appeal an acquittal” (University of Phoenix, 2003). When a case is brought in front of the appellate court, they have the job of determining whether or not the appellant has the legal right to appeal said case. If the appellate court determines that the case has a standing then the case may continue on. Once the appellate courts give permission for the case to proceed, there are many steps for the case to follow for a proper appeal. Some of these steps and timelines vary depending on whether or not the appeal if filled in state courts of a federal court. The first step is for the appellant to file a notice of appeal. Depending on if the appeal is in state courts or a federal court there is a certain timeline...
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...Public Interest/Government Resume and Cover Letter Tips All of the general rules that apply to resumes and cover letters to prospective employers apply equally to public interest and government employers. Your materials should be error-free, clearly organized, easy to read, and concise. However, there are some additional qualities that public interest and government employers are specifically looking for. You need to demonstrate your commitment to the mission and work of the organization and that you have the skills for the position. Your resume and cover letter must convey your interest, enthusiasm and knowledge of the specific employer you are applying to. It is imperative that you customize your materials to show that your education, experience, and volunteer work have provided you with the skills that relate to the duties of the position. You can convey this commitment by carefully tailoring your materials to the job description. If there is no job posting, use the website to learn all that you can about the organization’s work and the clients they serve. Talk to other students who have worked or volunteered with the organization. (You can find this information by looking at the lists of where students worked in previous summers). Use this information to highlight your relevant experience and illustrate that you can “hit the ground running.” In your resume, you may want to highlight relevant coursework from law school or undergraduate...
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...Stepping Up to the Podium with Confidence: A Primer for Law Students on Preparing and Delivering an Appellate Oral Argument James D. Dimitri1 Virtually all law students are required to learn oral advocacy skills at some point during their legal education. Typically, these skills are cultivated through at least one oral argument assignment, which often consists of an appellate oral argument that is given as part of the students’ first-year legal research and writing course or as part of a moot court competition. While appellate courts do not grant oral argument as often as they used to,2 oral advocacy remains a critical skill for law students to learn and cultivate, no matter which facet of law practice they enter upon graduation.3 Unfortunately, the prospect of learning this critical skill through an oral argument assignment can be disquieting to students. The main reason for this unease is simple: most law students have little to no oral advocacy experience. Students may, however, ease their anxiety and ultimately deliver an excellent oral argument if they fully understand the purposes of the argument and if they thoroughly prepare for the argument. This article is targeted at oral argument novices. It discusses how you, as a beginner to appellate oral argument, may effectively prepare and deliver an argument, particularly if you are Clinical Associate Professor of Law, Indiana University School of Law – Indianapolis; J.D., Summa cum laude, 1993, Valparaiso University School...
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...an appeal, the appeal process is the process in which an appellate wants to review and possibly make a reversal of a lower court decision. An appeal may be filed by either side of the case and if it is granted, the appellate court is the next step. Some cases automatically get an appeal. Those cases would be the death penalty or life in prison. There are three different types of appeals. There is the direct appeal, this is also known as the appeal of right, this appeal happens when the penalty for errors made at the trial were so big that the appellate court is mandated to do a review of the case. The discretionary appeal is filed when there is legal ground to show specific errors have been made in a case where the laws were not applied to the case properly. Then we have the Interlocutory appeals which are filed when a judge’s decision hinders the progress of a case being tried and waiting until the end of the trial would hurt the case. The timeline of an appeal is extremely important. If an appeal is not filed promptly the court can deny the appeal. The first step in the appeal process is to file a formal notice of appeal with the court. This is when the appellate is able to request trial transcripts. Attorney’s from both sides fill a brief, which outlines all facts, arguments and case law that relate to any mistakes that were made in the first trial. A panel of three judges, sometimes more will review the briefs. The judges then give a written decision with explanation...
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...What is an appeal? An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned. How do appeals factor into the overall criminal procedures and processes? Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court decision reversed. It is imperative that the defendant shows the court in the appeals process that the initial decision was incorrect or flawed in some way. This can be done by proving that the previous decision was made in error, or by bringing to light new evidence that was not offered in the initial trial. Defendants need to know that appellate courts each have rules that control the...
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...trial or are part of the trial. “When finding of guilt in a trial court may raise legal issues that are reviewable by an appeals court.”( Meyer and Grant. 2003. Pp.465) An appeal is “a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect” (Merriam-Webster, 1996). Also one of their ways of putting the appeal is also a defendants way to be able to challenge and for them to re-look at the their court decision. In our criminal justice system it is extremely important for the existence of an appeal, the process is part of the system of checks and balances. When you think about an appeal you can consider it an advantage because it is the way that cases that have been charged and chose a sentence to be reviewed. It is the way where the person who acts in a crime will have their chance one more time to try to make changes regarding their official charge. The court will review the decision of the government officials, the executive branch and lower courts with the power of judicial review. “This power allows the U.S. Supreme Court and the supreme courts of each state to review legislation, court decisions, and executive acts that are challenged in court to determine their constitutionality.”( Meyer and Grant. 2003. Pp.470) All our judges if they are federal or appellate level they are both chosen and appointed by the President of the United States...
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...HOW TO BRIEF A CASE I. Distinctions A. B. II. A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision. Persuasive briefs (trial and appellate) are the formal documents a lawyer files with a court in support of his or her client’s position. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing aids your memory. Briefs help you remember the cases you read (1) for class discussion, (2) for end-of-semester review for final examinations, and (3) for writing and analyzing legal problems. Do not try to memorize case briefs. Learning law is a process of problem solving through legal reasoning. Cases must be read in light of the series of cases with which they appear in your casebook or on the class syllabus. III. Briefing a case: The steps Although the exact form of your briefs may and can vary from case to case, the following parts should appear somewhere in your brief in a way that helps you understand the case and recall the needed information. 1. Read through the opinion first so you will understand the overall story and identify important facts, etc., before beginning to brief the case on paper. 2. Heading: a. b. c. d. Case name (to identify the parties) Court name Date of the decision Page number where the case appears in the textbook ...
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...Process An appeal allows a defendant, found guilty in the lower court, the opportunity for review by an alternate court initialized by filing a claim stating that the trial court committed legal errors impacting the outcome of the case. Grounds for an appeal may include insufficient evidence, a violation of rights, or even possible mistakes made by the judge or the jury (Lawfirms.com, 2012). In order for an appeal to proceed, the appellate court must determine that the appellant (the party bringing the appeal) has the legal right to bring the case and whether the appellant has standing, meaning that the appellant has a legally recognizable interest in the case. The party opposing the appeal is called the appellee. Once the appellant files the notice of appeal to the court, both the appellant and appellee each file a brief which outlines the basic facts of the case, the argument made by the party filing the brief, and lists cases serving as supporting precedents (Meyer & Grant, 2003). Appeals are integral to criminal procedures and processes. Some types of appeals include the direct appeal, discretionary appeal, and interlocutory appeal (University of Phoenix, 2011). A direct appeal is filed when the consequences of errors are significant enough that the appellate courts are mandated to review them; such as a judge excluded evidence that may have helped the defendant. A discretionary appeal is filed by the appellant based on specific errors in a case such...
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...The court system is one of many processes; one of such processes is the appeal process. An appeals place in the procedure and process of the justice system occur post trial and conviction. An appeal cannot take place until a conviction and sentencing is finalized. An appeal is a legal proceeding by which a case is brought before a higher court for the re-examination of the procedure or decision of a lower court. (Dictionary, 2015) In layman’s terms it is a way to challenge the court’s decision. An appeal in a case may be undertaken by either or both sides; the defendant or prosecution may both have to option to appeal a decision. An appeal does not re-examine the evidence or testimonies involved in the previous decision but instead re-examines the process involved in the previous decision; if interrogation tactics, searches and seizures, and trial procedures are constitutional or not. There are three types of appeals within the appeals process. The direct appeal, also known as an appeal of right, happens when the penalty for the errors made at trial were so big that the appellate court is mandated to review the case. The discretionary appeal is filed when there is a legal ground to show that specific errors were made in a case where the laws were not applied to the case properly. Interlocutory appeals are filed when a judge’s decision hinders the progress of a case being tried and to wait until the end of the trial would hurt the case if allowed to go until the end. In the...
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...raised background and have a direct effect on sensational rise to the highest position in the Texas judicial system. The effects of electing judges in Texas resulted in putting judges on the benches with no prior judicial experience, during the 50’s through the early 70’s basically family men or local politicians. I currently have read the State Bar of Texas: APPELLATE SECTION (concerning Judge Calvert’s Career) I currently have read article in: The Appellate Advocate, State Bar of Texas Section “Render unto Judge Calvert…Correct Appellate Vol. 20, No.3 Spring 2008 I have his Book: “Here Comes the Judge” From State Home to State House. By Joseph M. Roy: 1977 PoliticTexas: Austin Statesman American Inns of Court: Chief Justice Robert W. Calvert Home School Coalition of Texas: Shelby Sharpe, Lead Attorney appointed by Chief Justice Robert W Calvert in the Landmark case of (Leeper v Arlington class action suit. The Court ruled that Home schooling in Texas was legal and Texas Supreme Court Confirmed the Appellate ruling. Justices of Texas 1836-1986: University of Texas School of Law: Tarlton Law Library, Center for legal Research. I had the pleasure of meeting him personally with my three attorneys in his chambers in Austin. It was concerning a case I had filed against me back in the early 1970’s for possession of a ¼ oz of marijuana. He went over the details of law that the Appeals Court would...
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...court. The basis of the Constitutional Law from an official document delineates powers for the federal law and state law that define the Federal Judicial System which derived from the U.S. Constitution, while the State Constitutional Law originated from the individual state Constitutions. The federal courts, the guardians of the Constitution, protect the rights and liberties of the Constitution. The federal courts interpret the law and apply the law to resolve disputes (U.S. Courts, 2002). Federal authority covers laws linked to patents, labor issues, pensions, and profit sharing. The state authority covers business association, contracts and trade secrets. Concurrent authority manages tax law, security law, and employment law (American Legal System, 2004). The Federal Judicial System consists of the United States Supreme Courts, Court of Appeals, District Courts, and Bankruptcy Courts. The federal judges once appointed remain there for life, except when congress observes treasons, bribery, or other high crimes and misdemeanors and has the judge removed from office through impeachment. The Supreme Court comprised of the Chief Justice of the United States and eight Associate Justices listen to a limited amount of cases the court has been asked to decide. The Court of Appeals consists of ninety-four judicial districts structured into twelve regional districts and each regional district maintains a Court of Appeals. The District Courts and decisions of federal administration...
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...The U.S. Court Systems Gabriella Robinson February 21, 2012 U.S. Court System 1 Throughout this paper, I will explain the organization and functions of the federal courts, describe the jurisdiction of the federal courts as well as what filing needs to be done within the court system. I will also be naming several different court levels as well as listing similarities and differences throughout each courtroom. Within the federal court system there are 3 organized divisions. First, there is the Supreme Court which is said to be the “highest court in the land”. Second, the U.S. Court of Appeals and last but not least, the U.S. District Courts. The federal courts hear cases that involve the laws that concern the Constitution, the laws and/or treaties of the U.S., Ambassadors and Public Ministers, disputes between two or more states and bankruptcy cases. The federal courts only exercise judicial powers, meaning the “courts decide controversies by issuing decisions in each case and the rationale for that decision”. Another exception to the rule is diversity of citizenship, which means that in such a case the Diversity of citizenship occurs if the lawsuit involves (a) citizens of different states, (b) a citizen of a state and a citizen or subject of a foreign country, and (c) a citizen of a state and a foreign country is the plaintiff. A corporation is considered to be a citizen of the state in which it is incorporated and in which it has its principal place of business...
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...The Juvenile Criminal Justice System The statistics of juvenile crime are staggering: each year the juvenile justice system processes more than 2.5 million juvenile arrests each year and decides the fate of nearly 5,000 delinquent juveniles every day. This paper will cover the philosophies that shape the juvenile system and how it differs from the adult justice system. It will also touch upon the sanctions involved, the legal factors that are associated with sentencing and how the appeals process works (Chung, Little, Steinberg, & Altschuler, Feb.2005) Historically, juvenile criminals were treated the same as adult criminals. It wasn’t until about a century ago that the philosophy behind the way that juveniles that violate criminal laws were treated differently from adult offenders. Punishment was the central criminal law philosophy in English common law. Most people presumed that children under the age of seven were not capable of forming criminal intent, thus eliminating them from the criminal justice system completely. Children between the ages of seven and 14 were also presumed incompetent to form the requisite criminal intent unless the prosecutor could demonstrate that the child knew the difference between right and wrong. Children over age 14 were presumed to have the capacity to form criminal intent (Patton, 2011). During this time there were no special courts to deal with adolescent offenders. Because of this they were arrested, held in custody, tried, and...
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... CJA 224 March 20, 2011 Christopher Bragg Abstract The U.S. Constitution creates a dual federal court system in which the power is shared between the state and the federal governments. Each of these courts systems are composed of their own courts. State courts have the highest power in general. Within the courts there are trial and appellate courts. These two are considered to work together when there are issues within cases. When a case has any issues in the trial courts it will go to the appellate court for review. The United States court system help serve justice. United States Court System In 1789 Congress convened and emerged with the Judiciary Act of 1789, setting up a judicial system composed of a Supreme Court, Appellate Courts, and Trial Courts. The Constitution created three branches of government the executive, legislative, and the judicial court. The federal court of the United States derives its name and power from Article III of the Constitution. Article III and Section 1 establishes the Supreme Court and provides Congress the power to establish lower federal courts. Congress established the Appellate Courts consist of 12 regional court of appeals and one Appeals Court for the Federal Circuit; the Trial Courts consist of 94 Court Districts, the Bankruptcy Court, the Court of International Trade, and the Court of Federal Claims. Individuals dissatisfied with a decision of the Court of Claims, District Court, or Court of International Trade can...
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...HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that is something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no...
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