Exam 4 Flashcards
Master
Trial Court (functions)
establish facts and decide guilty or not guilty
Appellate Court (functions)
review whether trial courts observed legal procedures
If the appellate court finds procedural issues preventing a fair trial
they then remand the case back to the trial court, fix mistakes an have a new fair trial.
purpose of an appeal
procedural error needs to be fixed in order to have the correct verdict
Trials are
process for resolving disputes in accordance with the law
adversarial system
designed to ensure all relevant facts are introduced at trial
appeals are only for
procedural and legal issues
due process
fair trial
trial by jury
citizens participate in admin of justices
speedy and public trial
6th amendment
public: protects against governmental abuse
speedy: ensures the government does not delay trial to keep people in jail
right to counsel
6th Am. and 14th indigent criminal defendants
securing and confronting witnesses
6th Am adversarial system of justice; parties can X-examine witnesses
error correction (which level of court most responsible?)
ensure the law was correctly applies in the trial, (intermediate appellate court)
mandatory jurisdiction
if appellant lost in the court below they can appeal, the appelee who won below opposes
discretionary jurisdiction
if petitioner lost in the court below they appeal, respondent won in the court below opposes
caseloads in appellate courts
skyrocketed due to rising trial court caseloads as well as the proportion of cases being appealed
caseloads if mandatory jurisdiction
cannot hear fewer cases, so they concentrate on the important cases
staff attorneys
who screens cases
limited treatment
routine disposition, staff attorneys decide the case, write an opinion; usually, there is no oral argument. The panel of judges sign decision reversing or affirming it with no written opinion, and it goes unpublished
full treatment
oral argument is scheduled the case is decided by judges who write an opinion. majority of cases go unpublished but it is up to the judge
judges ideology
not apparent in “routine” cases but is clearly influential in important controversial cases decided by ‘full disposition”
trivial cases
many are appealed
are affirmed
most appeals are
if you win yes, depending on the court you are in
is appealing worth it?
