Transcript Chapter 11
COURTS OF APPELLATE JURISDICTION
Errors inevitably occur in the court system
Appellate courts review issues of law
The issues of law are related to decisions made
by other courts and administrative agencies
Appellate court characteristics
No original jurisdiction
Hear appeals from trial courts, administrative
boards/agencies
Collegial courts
Courts of record
Appellate court functions
Correct errors of law made by trial courts, administrative
boards/agencies
Takes place primarily in the intermediate appellate courts
Responsible for developing law
Takes place primarily in the courts of last resort
Variation among the states
39 states have intermediate appellate courts
Recent addition to state court structure
Courts may meet at a central location
Court judges may “ride circuit” to meet at different
locations
Court may have regional divisions
State variation on number of judges
Dispose of most state appeals
Some may be appealed to the state court of last resort
Courts of Last Resort
Name variation
Size variation
Selection method variation
Election
Appointment
Merit selection
Most justices serve fixed terms (6-12 years)
Methods of discipline or removal from office
Board or commission addresses judicial conduct and discipline
Charges handled by board or sent to the state supreme court
Outcomes range from a reprimand to dismissal from office
Civil appeals and death penalty decisions comprise most
of the court’s work
Also called Circuit Courts
Created by the Judiciary Act of 1789
Circuit Court of Appeals Act of 1891 changed court function
Handle the majority of federal appeals
Caseload
State cases but appealed to federal district courts
Cases that originated in federal district courts
Small percentage of cases are appealed and few go beyond
Courts of Appeals
Increasing number of cases filed and terminated
Created by Article III of the Constitution
Increasing number of cases filed and terminated
Broad jurisdiction
Original jurisdiction is rarely exercised
Functions
Judicial review
Applies to acts of lower courts, legislatures, and executive officers
Fundamental part of the U.S. constitutional system
Writs of certiorari
Discretionary review
Independent calendar (first Monday in October until late June or early July)
Constitutional amendment
Congressional legislation
Executive enforcement
Docket control
The Supreme Court may not have the final word on an issue
Supreme Court has significant symbolic authority
Appointed by President and confirmed by Senate
Have life tenure
May be removed through impeachment
Extremely elite group
Most are white males
Prominent families
Prestigious legal education
Successful legal careers
Increasing numbers of women and minorities
Collegial courts
Cases are decided by groups of judges
Often sit in 3-judge panels
Court may sit en banc (as one body)
Important or controversial cases
U.S. Supreme Court
Many state supreme courts
Error of law
Objection to error must be made
Appeal must be timely
State remedies must be exhausted, if applicable
Court cannot issue advisory opinions
Appealing party must have the resources to
undertake an appeal
Constitutional right only extends to first-level appeals
Special interest groups may finance the appeal
Smaller workload than trial courts
Solutions to increasing caseload
Adding judges
State courts are reluctant to increase the number of justices
State supreme courts hear cases en banc
Creating or expanding intermediate appellate courts
Resulted in an increase in filings with intermediate appeals courts
39 states have at least one intermediate appellate court
Deciding cases in panels
Most intermediate appellate courts utilize this approach
Allows for caseload division
En banc hearings are reserved for noteworthy cases
Additional Solutions to Increasing Caseload
Employing law clerks and staff attorneys
Responsibilities
Supply information to judges
Analyze the parties’ arguments
Conduct legal research
May result in bureaucracy and other issues
May increase quantity but not quality of outcomes
Deciding cases without opinion
Unpublished and memorandum opinions
Curtailing oral arguments
Using summary judgments
Mandatory/Automatic Appeals
Court is obligated to review the case
May result from state or federal constitutional provisions,
or state statutes
Most common in intermediate appellate courts
Discretionary Appeals
Court has the option of accepting or rejecting the appeal
Most common in courts of last resort
Gives courts of last resort more control over their own
dockets
Called collateral relief
Writs of habeas corpus
Ask the state to prove that an inmate’s incarceration is
lawful
May result in a new trial or reversal of conviction
Increase in habeas corpus filings
Civil rights action
42 U.S.C. § 1983
Civil rights violations by police officers
Unconstitutional conditions by corrections officials
Raises issues about conditions of confinement
May be civil or criminal
Few cases are successful on appeal
Most people receive the sentence originally
imposed