The Court System Appeals
U.S. Courts of Appeals A review of the decision of the trial court NO new cases Defendants raise claims that mistakes were made during the trial. Issue: have rights been violated? A defendant who loses in district court does NOT have an automatic right to an appeal trial
Who and What Three judges No jury No witnesses Error of law Error of fact
Steps Briefs Oral arguments Deliberation and decision Could take weeks or even months
Steps Opinions- Precedents-
Courts of Appeals Types of relief: Affirms- Reverses -
U.S. Supreme Court Roles: Judicial Review Court of original jurisdiction in some matters Court of last resort in all questions Esp constitutional issues from the states
Who Nine JUSTICES- since 1869 Nominated by the president Affirmed by the Senate Appointed for life
What Petitioner files a Petition/ Writ of Certiorari- Discretion- Court itself decides which cases to take Does not hear all appeals-- “cert. denied” Often cases of national policy issues 75% from Federal courts
Stages In order for a case to be heard by the Supreme Court, at least four justices must vote to hear the case Cases that are granted cert will be scheduled for oral argument. ~80 cases per term
Decisions Majority Opinion — Dissenting Opinion- Concurring Opinion-