The Appellate Process

Question 1

Appellate courts

Answer 1

Hear appeals from lower courts on issues of either APPLICATION of law or QUESTIONS of law.

Question 2

Why do appellate courts clarify questions of law?

Answer 2

To clarify questions of law to help create uniformity and consistency in their jurisdiction

Question 3

Judicial opinions

Answer 3

Official rulings on appealed cases that can be used as precedent

Question 4

Purpose of appeals

Answer 4

1. Error correction
2. Protection against arbitrary decision making
3. Lawmaking function

Question 5

What lawmaking functions do court of appeals have?

Answer 5

• Fill in gaps of existing law
• Interpreting new laws
• Overruling old decisions

Question 6

Which party can file an appeals?

Answer 6

Losing party

Question 7

When can the losing party NOT file an appeal?

Answer 7

Prosecutor cannot appeal NOT GUILTY verdicts because of Double Jeopardy

Question 8

What are appeals restricted to?

Answer 8

Issues properly raised during the trial level

Question 9

How many appeals does someone have a right to?

Answer 9

ONE

Question 10

Mandatory jurisdiction

Answer 10

Appellate courts MUST hear the properly-filed appeal

Question 11

Discretionary Jurisdiction

Answer 11

Appellate courts can pick and choose properly-filed appeals to hear

Question 12

What courts are discretionary?

Answer 12

SCOTUS
State Supreme Courts/Courts of Last Resort

Question 13

Appellate procedure

Answer 13

1. Appeals motion
2. Briefs
3. Oral arguments
4. Judge opinions

Question 14

Appeals motion

Answer 14

A written request to a court of appeals to decide an issue of a case. Written by the Appellate.

Question 15

What must the appellate do for the appeals motion?

Answer 15

Prepare the record to give evidence of the issue they are appealing

Question 16

Brief

Answer 16

Written document that sets forth the party’s view of the facts, issues raised on appeal, and applicable precedents

Question 17

Which party writes briefs?

Answer 17

BOTH

Question 18

Oral arguments

Answer 18

Attorneys present their arguments to the appeal judges. Judges given chance to ask questions.

Question 19

Majority opinion

Answer 19

Opinion that is the BINDING PRECEDENT

Question 20

Concurring Opinion

Answer 20

Agrees with outcome but based on different reasoning

Question 21

Dissenting Opinion

Answer 21

Doesn’t agree with outcome

Question 22

Plurality Opinion

Answer 22

Majority can’t agree on reasoning. NO binding precendent.

Question 23

Affirm

Answer 23

upholds lower court decision

Question 24

Modify

Answer 24

Change lower court decision

Question 25

Reverse

Answer 25

Set aside previous decision with no further court action

Question 26

Remand

Answer 26

Send case back to lower court

Question 27

What do civil appeals consider when deciding whether to appeal or not?

Answer 27

Financial stakes

Question 28

Stakes

Answer 28

monetary amount

Question 29

Why are lawyers seen as gatekeepers in civil appeals?

Answer 29

Not likely to recommend appealing when they’re certain they will lose

Question 30

Civil appeals at Federal level

Answer 30

Federal government is often an appellant or appellee in civil appeals

Question 31

Civil appeals at State level

Answer 31

Dominated by private parties

Question 32

When did indigent criminal defendants get more resources for the appeals process?

Answer 32

1960s

Question 33

What changes were granted to the appeals process for indigent defendants?

Answer 33

• Free access to court transcripts
• Court appointed lawyer for trial + 1 appeal

Question 34

Where do most criminal appeals come from?

Answer 34

Violent crimes and long sentences

Question 35

How do most criminal appeals end?

Answer 35

Unsuccessful and sentence is upheld

Question 36

What kinds of appellants are most likely to win an appeal?

Answer 36

Appellants with “lower stakes” convictions

Question 37

How many appeals do appeals courts hear per year?

Answer 37

hundreds to thousands

Question 38

What kinds of resources have been increased for appeals courts?

Answer 38

More judge seats
More judicial staff

Question 39

When may courts forgo oral arguments?

Answer 39

In cases with straightforward facts

Question 40

Habeas Corpus Petitions

Answer 40

Latin for “you have the body”
Petition or writ inquiring of an official who has custody of a person whether that person is imprisoned/detained lawfully

Question 41

How do Habeas Corpus challenges differ from appeals?

Answer 41

1. Challenger must be imprisoned
2. Challenge must raise constitutional issue
3. Not limited to issues raised at trial
4. Prisoner can file unlimited petitions

Question 42

What are Habeas petitions protected under?

Answer 42

Article I of US Constitution

Question 43

Majority of habeas petitions are…

Answer 43

pro se (no attorney)

Question 44

Which Supreme Court expanded Habeas access?

Answer 44

Warren Court

Question 45

What Acts have restricted Habeas petitions?

Answer 45

Antiterrorism Act
Effective Death Penalty Act

Question 46

How did Antiterrorism and Effective Death Penalty acts restrict Habeas?

Answer 46

• Created deadlines for petitions
• Limiting successive petitions
• Restricted state prisoner petitions if the claim has been heard on the merits at the state level.

Question 47

What kind of remedy is Habeas?

Answer 47

Federal