...An appeal is a “proceeding in which a case is brought before a higher court for a review of a lower court’s judgment”. This basically means a process which takes place because the defendant and their attorney feel that the verdict that was given was inaccurate which was due to something that may have happened during trial or the arrest. Appeals are done to make sure that the person has had a fair trial and none of their rights were violated. An appellate court as the text states can help an area decided on how to address certain issues. This is good because the appellate court judges can make a decision without having to worry about what society will think and if they will get reelected. An appellate court goes through cases and tries to understand what has taken place during the arrest and see if the law was upheld. An appeals process starts right after the trial, the defense must submit an appeal to the court. The person appealing should file all documents with the appellate court. The will then file briefs and the court will later hear each sides argument and decide/ once the decision is made the courts will announce their findings and why. An appellate court is based on the law not on any facts so a defense attorney cannot argue the facts presented during the case or that you were found guilty and you believe you are innocent. Your appeal should consist of the fairness for example if you had the right to a speedy trial or a defense attorney etc. Appeals factor in to the...
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...The United States Court System Dona' De Kendricks 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...
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...majority U.S. states including federal courts they are allowed an appeal per parties as a right. This pertaining to the party who is unpleased with the results of a verdict can bring an appeal to contest that ruling. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case. Appellate court judges, then, often review decisions made by trial court judges. (Meyer & Grant 2003) It is important to note that different judges may be involved at different decision points. In fact, judges from a variety of levels may be involved in the same case as it progresses through the justice system. Even in felony cases, a lower court justice might set bail or preside over the preliminary hearing. After the preliminary hearing, the case would be transferred to the felony level courts, where a different judge may hear pre-trial motions and preside over the trial. Then, if the case is appealed, appellate level judges would become involved. If the appeal involves a constitutional issue, a federal appellate judge or panel of federal appellate judges may hear the appeal. (Meyer & Grant 2003) In addition, appellate court judges in twenty-three states are...
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...appeal? An appeal is a “proceeding in which a case is brought before a higher court for a review of a lower court’s judgment” (pg. 465). This basically means a process which takes place because the defendant and their attorney feel that the verdict that was given was inaccurate which was due to something that may have happened during trial or the arrest. Appeals are done to make sure that the person has had a fair trial and none of their rights were violated. An appellate court as the text states can help an area decided on how to address certain issues. This is good because the appellate court judges can make a decision without having to worry about what society will think and if they will get reelected. An appellate court goes through cases and tries to understand what has taken place during the arrest and see if the law was upheld. An appeals process starts right after the trial, the defense must submit an appeal to the court. The person appealing should file all documents with the appellate court. The will then file briefs and the court will later hear each sides argument and decide/ once the decision is made the courts will announce their findings and why. An appellate court is based on the law not on any facts so a defense attorney cannot argue the facts presented during the case or that you were found guilty and you believe you are innocent. Your appeal should consist of the fairness for example if you had the right to a speedy trial or a defense attorney etc. Appeals...
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...State courts are courts of general jurisdiction; they hear the cases on the federal level. It is broken down between for layers; lower courts, major trial courts, intermediate appellate courts, and state high courts. Although they all work differently and independently, they all have the same goal, which is serving justice. Lower courts, also known as trial courts of limited jurisdiction, are courts of lesser rank; for example municipal or justice court below a superior or county court, a superior or county court below an appeals court, or a federal District Court of Appeals below the U. S. Supreme Court. Lower courts are “responsible for responsible for handling the early stages of felony criminal cases” (page 93). After an arrest, the judge...
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...current court 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...
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...Court Comparison Contrast Paper CJA/224 Introduction to Criminal Court Systems Court Comparison Contrast Paper During the course of reading this paper you will be introduced to the difference between trial court and appellate court. For example in trial courts there is actually only one judge within the room, he basically decides what can and can’t be used as evidence within the courtroom. In appellate courts there are five groups of three judges who basically divide’s the cases between them. You will also be to understand the difference between federal and state courts, for instance federal courts simply tend to handle cases such as illegal weapons and drugs that tend to cross our state lines, and state courts basically handle cases that deal’s the juvenile and family cases. After reading this paper will not only be able to understand when and where an appeal begins and ends, but you should also be able to fully understand the functions that between trial and appellate courts. State Court Each state has its own system of justice that oversees court cases. The judicial system that they employ will oversee a majority of the criminal cases that are presented. There are many levels of trial courts with at least one appellate court that states will have. The majority of states will have courts of general jurisdiction, which will hear major offenses like felonies. Courts of limited jurisdiction which will hear minor offenses. Some states...
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...the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case. 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...
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...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 of Law. Professor Dimitri is faculty advisor to his school’s Moot Court Society and has...
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...Appellate courts do not hear testimony of witnesses or attempt to determine which of the witnesses who testified at trial should have been believed. Determining the credibility of the witnesses is the job of the trier of fact. Appellate courts review the trial record, motions, and evidentiary exhibits. True False A Demurrer would be the appropriate pre-trial motion to file if the complaint did not state a valid cause of action (valid claim) even if all the allegations contained in the complaint were true. True False Identify which, if any, of the underlying occur during the informal discovery phase of a lawsuit: Depositions Interrogatories The actual trial Both A & B None of the above One of the types of pleadings that Defendants file in response to the plaintiff’s complaint is called the answer (which is also referred to as the response). True False Identify which, if any, of the below circumstances can occur as a result of an appeal: The appellate court can reverse the trial court The appellate court can affirm the trial court The appellate court can remand the case to the trial court Any of the above Does it ever occur in a lawsuit that the defendant stipulates to the plaintiff’s factual allegations? Yes No The quantum of evidence required for a verdict in a civil case is identical to the quantum of evidence required for a conviction in a criminal case. True False The jury hears the evidence presented at trial and decides the facts that...
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...Punishment and Sentencing CJA 224/Introduction to Criminal Court Systems March 26,2012 Abstract This paper will explain and identify the various punishment philosophies within the juvenile court and its processes. Also the adult court process will be explained how they differ with the punishment philosophies. In addition, the sanctions involved, various legal factors associated with sentencing, and the aspects of the appeals will be explained. There are four punishment philosophies which include: deterrence, incapacitation, rehabilitation, and retribution. The goal of each philosophy is to deter crime, however each approach is different. The purpose of deterrence is to prevent crime by persuading individuals not to commit crimes because they have been punished for violating the law. For example, “when people decide not to park in a handicapped space because they have been fined or do not want to be fined, they have been deterred from illegal activity” (Meyer & Grant, 2003). There are two types of deterrence: general and specific. Specific deterrence is when criminals are deterred from future crimes because they have been punished. At whatever time convicted criminals state they want to avoid returning to jail, specific deterrence is in effect. General deterrence is when the community or people in general are deterred because they know criminals are punished. For example, when driving a vehicle, it is known not to speed or a ticket will be issued; to...
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...The United States court system is a network of different courts. Both federal, and state court systems is divided into several layers; Court of special jurisdiction, trail courts, appellate courts, and the Supreme court. Court of special Jurisdiction is made up to listen to specific cases. The federal system has tax courts and bankruptcy, while most state courts have probate/ family court, which deals with custody, will, etcetera. In these courts, trained lawyers and judges have specific guidelines with evidence to speed the process up. Trail courts usually are where cases begin. Civil and criminal cases are two types of trial courts. The general structure is the same while the procedures may differ. Both sides have the chance to figure out as many facts as they can about the case, before the trail, in attempts to persuade the jury/judge that the facts presented are in their favor....
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...appeal to at least one level of appellate court (Meyer, J & Grant, D. 2003). An appeal is when a defendant has already been found guilty in court, and they decide to take it to a higher court in order to change the ruling (Meyer, J & Grant, D. 2003). Basically it is a process that takes place, because the defendant and their attorney do not feel that the verdict given was accurate; and that could be due to many different reasons. Appeals ensure that there was a fair trial given and no rights were violated (Meyer, J & Grant, D. 2003). The appeal process begins very shortly after the trial, when the defense sends an appeal to the court. Appeals factor in to the overall criminal justice process, because in the end they can change laws or amendments. The Miranda rights are a great example of this. They came about after someone went back and challenged the court. It was then that the Miranda rights became part of the law and the criminal justice process. Just because a criminal goes to court and is decided guilty and is charged with whatever he/she was being charged with, does not mean that the process is over and he/she accepts the sentence and it is done. The defendant may decide something went wrong or he/she has a way of proving their innocence. Then they will submit an appeal and may end up getting out of the original sentence given. This completely changes up the criminal procedures and processes. Based on my review of the appeal courts results in New Jersey. I think...
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...NATIONAL UNIVERSITY «ODESSA LAW ACADEMY» Department of International Law and International Relations TERM PAPER In Legal Philosophy on topic: «Judicial Precedent» By the 1st year student of the 1st group Of the Faculty of International Legal Relations Supervisor: Prof. National scale ___________ Number of points ______ Assessment ECTS _______ Commission members: ___________ _______________________ ___________ _______________________ ___________ _______________________ ODESSA 2014 THEME: Judicial Precedent PLAN INTRODUCTION …………………………………..…………………………… 3CHAPTER 1. Judicial Precedent: generals 1.1. Definition of judicial precedent ………………………………….…... 51.2. The doctrine of stare decisis ……..………………………….……..… 61.3. Ratio decidendi and Obiter dictum …..………………………….....… 7CHAPTER 2. Types of precedent2.1. Verticality ……………………………………………………………. 102.2. Horizontality ………………………………………………………… 112.3. Binding precedent …………………………………………….……... 122.4. Persuasive precedent ………………………………………………… 15 CHAPTER 3. Avoiding precedent 3.1. Distinguishing …………………..……………………………………. 19 3.2. Overruling ……………………………………………………………. 19 3.3. Reversing ……………………………………………………………... 20 3.4. Per incuriam…………………………………………………………… 20 CONCLUSION …………………………………………………………………... 22LITERATURE …………………………………………………………………... 25 | INTRODUCTION At the present stage of development of Ukraine in the framework of the democratic process, there are the emergence...
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...THE STRUCTURE OF THE AMERICAN JUDICIARY I. Intro --Court organization CAN become the focus of political battles. --e.g. There are 12 circuit courts (federal courts of appeals). The 9th circuit is the largest as it includes 9 states and two territories. It stretches from Alaska to Arizona and from Montana to Hawaii and then to Guam. -- 28 full time judges and several more retired judges who help out part time. --Hears over 5000 cases a year. -In 1990 the U.S. Senate considered a bill to split the 9th circuit into 2 circuits. California, Arizona and Nevada would make up one circuit while the other states and territories would make up a second circuit. -to some this division made sense since the circuit was considered too large to handle business efficiently. However, this seemingly routine matter of administration met intense opposition. --The bill was sponsored by Senators from the northwestern states and was opposed by senators from California. Interest groups were also involved: The Sierra Club and other environmental groups argued fiercely against the proposal. --Why would the division of a judicial circuit into two parts stir up such political controversy? -->The 9th Circuit had a majority of judges from California which gave broad interpretations to environmental protection laws. --People from the Northwest saw these decisions as damaging to their timber industries. --So splitting the circuit would prevent California judges from ruling on environmental...
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