Test 2 Appellate Courts
Purpose of appellate courts
To correct errors made at the trial court.
The difference between Trial courts and Appellate courts.
Trial courts answer questions of fact. Appellate courts answer questions of law.
Selection process for Mandatory jurisdiction.
-Appeal is summarized by clerk who adds proposed judge decision, case is reviewed by judge - signs off with decision or hears case. -Three-judge panels
Supreme Court process.
1) Petition of writ of certiorari 2) Oral Argument 3) Conference and opinion 4) the court either Affirms, reverses, modifies, and vacates lower court decisions 5) Justices take final positions
Appellate Case Process
1. Petition Court of Appeals 2. Response from Appellant/Respondant 3. Grant Writ of Certiorary 4. Hear Arguments 5. Decision
Options available to appellate courts.
Affirms, reverses, modifies, and vacates lower court decisions
Participants in Appellate case.
Appellee/Petitioner v. Appellant/Respondant, Judges
Criteria Judges use to make decisions
Legal reasoning Precedents Personal Agenda
Types of opinions judges can offer.
Majority, concurring, dissenting
The difference between Mandatory and Discretionary jurisdiction.
Mandatory - court must hear all cases Discretionary - court has ability to pick which cases it will hear
How SCOTUS selects cases.
Petition for Certiorari is sent to pool and screened by clerks. Judges review selections made by their clerks and vote on hearing cases. 4 votes will allow the case to be heard.
Selection process for Discretionary jurisdiction.
Petition for Certiorari is sent to pool and screened by clerks. Judges review selections made by their clerks and vote on hearing cases. 4 votes will allow the case to be heard.
How SCOTUS grants Writ of Certiorary.
Rule of 4 - Judges grant writ of cert.
The two common levels of Appellate Courts.
State and Federal
Writ of Certiorary
order by the court directing a lower court to send up the record in a given case for its review
How appellate case both increases and decreases the discretion and influence of judges.
With discretionary jurisdiction, judges have increased discretion and influence because they choose the cases that they want to hear. Mandatory jurisdiction decreases discretion and influence because judges must review cases and in some cases must adjust their opinion to come to an agreement with other judges.
