Presentation on theme: "Ms. Sonty American Government September 10 th, 2014."— Presentation transcript:
Ms. Sonty American Government September 10 th, 2014
Look at the text of Article III, Section 1 of the U.S. Constitution below. Then, answer the questions that follow. “The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” 1.What is the Supreme Court of the United States? 2.Why is it important that we have a Supreme Court? 3.What sorts of cases does the Supreme Court hear? If you don’t know, list a few cases or topics that you have heard about in the news
SWBAT articulate the process of appealing a decision through appellate court system at the state or federal level – What does “articulate” mean? SWBAT describe and explain the reasons why someone might appeal a trial decision
The U.S. Constitution provides for the country to have a Supreme Court The Supreme Court is a judicial body of 9 members that is the highest appellate court in the country An appellate court is a court that accepts or rejects the decision of another court’s decision, made by a different judge When you don’t like a judge’s decision, you have the right to appeal the decision, asking another court to decide whether that decision was right
1.A person is accused of breaking a criminal or civil law 2.At the trial, the government or the person who is accusing another of breaking a law presents a case with their attorney as to why that other person broke the law 3.Then, the court allows the accused person and their attorney to put on a case to say they did not break the law 4.Either side may use witnesses or evidence to prove their case 5.The judge makes a decision – usually in favor of one side or the other
Someone remind me…what does it mean to appeal? There are three levels of courts in Ohio Trial courts: In Ohio, trial courts are at the county-level. If you want to appeal the decision, you move up to the… Ohio District Courts of Appeal: intermediate appellate court districts that cover multiple counties. If you will want to appeal, there is always the… Ohio Supreme Court: covers the entire state
There are also three levels of federal courts Federal District Courts: Federal trial courts cover certain geographic regions (i.e. Southern District of OH, Western District of PA, etc.). Then, you can appeal to the… Federal Circuit Courts of Appeal: Intermediate federal courts of appeals are over several federal districts. Finally, as a last resort, you can appeal to the… U.S. Supreme Court: One court to rule them all (court of last resort)
Different courts have different jurisdictions, or categories of cases that they are allowed to hear State courts have jurisdiction over state law and the U.S. Constitution. Federal courts have jurisdiction over federal law and the U.S. Constitution. The U.S. Supreme Court is the ultimate decider of constitutional questions. The Supreme Court can overrule state courts, but only on federal or constitutional questions.
On appeal, you must show that the trial court committed some sort of error. These can be errors of: – Fact, Law, Application of law to facts, Procedure The record is the collection of testimony, evidence, exhibits, and arguments made to the trial court. The appellate court can only consider what’s in the record
State law provides that “No person shall have a little lamb. Any person that violates this section shall be guilty of a felony of the first degree punishable by 5-7 years of incarceration.” Mary is convicted by the trial court of having a little lamb in violation of state law. Mary wants to appeal, what can she do?
In Mary’s case, the record includes a newspaper article with a picture of her with a little lamb. It also includes the testimony of a neighbor who said he saw her with a little lamb. The record also includes the lawyer’s legal arguments.
Mary wants to bring a new witness to the appellate court to say that the lamb was actually a small cow. Can she? Mary wants to bring the lamb to the appellate court so that they can see that it’s not little. Can she? In the appellate court Mary wants to raise the argument that she has a constitutional right to have a little lamb. Can she?
The trial court was mistaken about a particular fact. Example: The lamb was six months old so it was actually a sheep. The evidence was not sufficient. Example: A newspaper clipping and one witness was not sufficient to prove ownership of a lamb. The evidence did not have enough weight. Example: The witness hates Mary and lied.
The trial court misinterpreted the law. Example: The words “have a little lamb” in the law actually mean “to eat a small serving of lamb.” The trial court applied the law in a way that violates a constitutional right. Example: Article 52 of the Ohio Constitution guarantees the right of each citizen to own a little lamb. The trial court failed to follow controlling decisions of a higher court. Example: In the case of Wallace v. Gromit, the Ohio Supreme Court held that Ohio law cannot limit people from owning juvenile livestock.
On appeal, a person can argue that the trial court understood the law correctly but that the facts at trial don’t match the law. – Example: Mary agrees that it is illegal to own a little lamb but argues that the facts at hearing show that she owned a big lamb.
On appeal, a person can argue that the trial court itself failed to follow the proper procedures and that this failure negatively affected the person. Example: The trial court allowed an expert witness to testify that Mary’s animal was actually a lamb but that person was not qualified to give that opinion and should not have been allowed to testify.
How should Mary appeal? Remember, she is accused of breaking a state law, so her original trial was heard in a trial court Mary is appealing to the Ohio District Court of Appeal What if she has reasons to dislike the decision from that court? Mary would appeal to the Ohio Supreme Court
Read the scenario on your worksheet and answer the following questions on a separate sheet of paper and save it for your entrance ticket tomorrow 1.List at least three errors that the court made that justify an appeal and classify what kind of errors they are 2.What trial court do you think this case was heard in, and to what court will it be appealed?
1.List the three levels of Ohio courts 2.List the three levels of Federal courts 3.What is the difference between “mistake of fact” and “mistake of law?” Don’t forget to bring your independent practice in tomorrow as your entrance ticket!