Exam 4

Question 1

Trial Court (functions)

Answer 1

establish facts and decide guilty or not guilty

Question 2

Appellate Court (functions)

Answer 2

review whether trial courts observed legal procedures

Question 3

If the appellate court finds procedural issues preventing a fair trial

Answer 3

they then remand the case back to the trial court, fix mistakes an have a new fair trial.

Question 4

purpose of an appeal

Answer 4

procedural error needs to be fixed in order to have the correct verdict

Question 5

Trials are

Answer 5

process for resolving disputes in accordance with the law

Question 6

adversarial system

Answer 6

designed to ensure all relevant facts are introduced at trial

Question 7

appeals are only for

Answer 7

procedural and legal issues

Question 8

due process

Answer 8

fair trial

Question 9

trial by jury

Answer 9

citizens participate in admin of justices

Question 10

speedy and public trial

Answer 10

6th amendment

public: protects against governmental abuse
speedy: ensures the government does not delay trial to keep people in jail

Question 11

right to counsel

Answer 11

6th Am. and 14th indigent criminal defendants

Question 12

securing and confronting witnesses

Answer 12

6th Am adversarial system of justice; parties can X-examine witnesses

Question 13

error correction (which level of court most responsible?)

Answer 13

ensure the law was correctly applies in the trial, (intermediate appellate court)

Question 14

mandatory jurisdiction

Answer 14

if appellant lost in the court below they can appeal, the appelee who won below opposes

Question 15

discretionary jurisdiction

Answer 15

if petitioner lost in the court below they appeal, respondent won in the court below opposes

Question 16

caseloads in appellate courts

Answer 16

skyrocketed due to rising trial court caseloads as well as the proportion of cases being appealed

Question 17

caseloads if mandatory jurisdiction

Answer 17

cannot hear fewer cases, so they concentrate on the important cases

Question 18

staff attorneys

Answer 18

who screens cases

Question 19

limited treatment

Answer 19

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 The panel of judges sign decision reversing or affirming it with no written opinion, and it goes unpublished

Question 20

full treatment

Answer 20

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

Question 21

judges ideology

Answer 21

not apparent in “routine” cases but is clearly influential in important controversial cases decided by ‘full disposition”

Question 22

trivial cases

Answer 22

many are appealed

Question 23

are affirmed

Answer 23

most appeals are

Question 24

if you win yes, depending on the court you are in

Answer 24

is appealing worth it?

Question 25

10% of intermediate appellate courts cases

Answer 25

are reversed implying that it is a waste of time and money

Question 26

the Supreme Court

Answer 26

reverses 2/3 and 3/4ths of its cases