Appellate Courts

Question 1

purposes of appeal

Answer 1

1. appellate courts can correct errors in the decisions of the courts below them - error correction applies not just to the ruling for one party or the other but also to the law
2. increase the clarity and consistency of the law - important bc gives people and their lawyers greater certainty about the legal consequences of their actions

Question 2

appellant

Answer 2

the party that brought the appeal

Question 3

appellees

Answer 3

other side in a case that did not bring the appeal

Question 4

typical stages of processing in appellate courts - MANDATORY JURISDICTION

Answer 4

a. filing of an appeal and brief by the appellant
b. submission of a brief by the appellee
c. submission of a reply brief by the appellant

1. prehearing conference (in some courts)
2. court rulings on motions by the parties (such rulings may also come at other points)
3. oral argument by the attoryneys before court
4. court conference to reach a tentative decision
5. writing of opinion(s) and continuing discussion of the case
6. announcement of the decision and opinion(s)
7. further action by the lower court in response to the appellate decision (in many cases)

Question 5

typical stages of processing in appellate courts - DISCRETIONARY JURISDICTION

Answer 5

a. filing of a petition for a hearing by the petitioner
b. submission of a brief in opposition to this petition by the respondent
c. court decision on whether to grant a hearing
d. submission of additional briefs by the parties

1. prehearing conference (in some courts)
2. court rulings on motions by the parties (such rulings may also come at other points)
3. oral argument by the attoryneys before court
4. court conference to reach a tentative decision
5. writing of opinion(s) and continuing discussion of the case
6. announcement of the decision and opinion(s)
7. further action by the lower court in response to the appellate decision (in many cases)

Question 6

affirm a decision

Answer 6

lower-court decision upheld

Question 7

reverse a decision

Answer 7

court overturns the decision completely

Question 8

modifies a decision

Answer 8

overturning the decision in part

Question 9

vacate a decision

Answer 9

make void a lower court decision

• the supreme court sometimes uses this procedure when a recent change in law calls into question the validity of a lower-court decision

Question 10

dissenting opinion

Answer 10

a judge explains their differences with the majority

Question 11

concurring opinion

Answer 11

special - expresses agreement with the court’s treatment of the parties but disagrees with the rules of law that the court uses to justify its decision

regular - agrees with both the decision and the rules of law in the court’s opinion but expresses the judge’s individual views about some matter–perhaps an interpretation of the court’s opinion or a point of disagreement with a dissenting opinion

Question 12

remand a case

Answer 12

an appellate court that has reversed, modified, or vacated a decision sends it back to the lower court for further consideration in light of the appellate court decision and opinion

Question 13

per curiam

Answer 13

“by the court”

Question 14

ordinary litigation

Answer 14

when people file lawsuits or appeal unfavorable decisions, they are usually acting for themselves alone; such cases can be considered ordinary cases

Question 15

political litigation

Answer 15

one of the aims is to influence the political process or government policy - bc of this goal, litigants and their lawyers often joined by political int. groups

Question 16

classic form of political litigation

Answer 16

cases are brought with the goal of winning a favorable ruling on an issue of legal policy, preferably from the supreme court

Question 17

tactical political litigation

Answer 17

to gain some kind of advantage in a conflict over politics or policy

Question 18

SLAPPs - Strategic Lawsuits Against Political Participation

Answer 18

type of tactical political litigation - typically for libel or slander, are brought to punish people who have expressed themselves on public issues and, more important, to deter such expressions in the future.

usually limited to lawsuits that have little chance of success in courts

Question 19

perspectives on decision making

Answer 19

legal perspective - views decisions as the product of legal rules

personal perspective - explains decisions in terms of the judges themselves

environmental perspectives - emphasizes influences from the larger society