Intro to the Appellate Process When a party loses at trial they have the right to appeal the decision. An appeal is always about whether the law was correctly apply in that case; not the facts themselves. (issue of law) When deciding on an appeal, the appellate court will follow the previous decisions of the court for guidance. This is called precedents.

How the Appellate Process works Each side prepares a legal brief; a report supporting their interpretation of precedent. The briefs are submitted to a panel of judges. The judges then hear an oral arguments. The panel of judges renders a decision which become part of the court record. This becomes the new precedent.

Key questions…. If a party does not like the result of the appeal, how do they appeal that result? Which court hears the appeal? What factors does a higher appellant court consider when deciding Whether to hear the case? How they decide the case?

Which Court and why??? We have a myriad of courts interpreting either state or federal laws. To select the right court, we need to understand the concept of Federalism. This is important because once an appellate court makes a decision, it then becomes precedent for that court and all lower courts under its jurisdiction.

Federalism and the Legal Appeal Process

Federalism  What is it? The division of power between the states and the federal government.  Why is it important to us? It helps creates the essential framework for how laws are created, enforced and interpreted. It helps creates the essential framework for how laws are created, enforced and interpreted.

A little Constitutional History  Origins of the U.S.A. as a “confederation” of states  The inadequacies of the Articles of Confederation; the need for a stronger federal government  The balancing act: Creating a national government without risking of tyranny?

Three Key Constitutional Principles for the American Judicial System  Separation of Powers  Limited Government  Supremacy Clause  Judicial Review

Four Key Constitutional Principles cont.  Separation of Powers: To further check the power of the federal government, the Constitution divided its authority into three branches. Each branch possesses unique powers (balance) and each can overrule some decision of the other. (checks) To further check the power of the federal government, the Constitution divided its authority into three branches. Each branch possesses unique powers (balance) and each can overrule some decision of the other. (checks) Executive Judicial Legislative

Separation of Powers Dealing with Law  Legislative: Congress is empowered to write laws. These are called statutes. Congress is empowered to write laws. These are called statutes.  Executive: The President and federal agencies are empowered to enforce the law. The President and federal agencies are empowered to enforce the law.  Judicial: Courts are empowered to interpret the laws. Courts are empowered to interpret the laws. Executive Judicial Legislative

Four Key Constitutional Principles cont.  Limited Government:  The Constitution was designed to explicitly limit the powers of the federal government and reserve the remaining powers to the states. This means most law is state law.  Supremacy Clause:  HOWEVER… if there is a conflict between a state law and a federal law (as an exercise of power reserved by the Constitution) then the federal law will trump the state law.

Federalism Pyramid Constitutional Law Federal Law State Laws Municipal Laws It’s called the….SUPREMACYCLAUSE!!!

So each state has its own courts interpeting state law and….

Each state also has a federal court interpeting federal law

What problem does this present for precedents?

Judicial Review Defined  Defined: “The process by which courts decide whether laws passed by Congress or state legislatures are constitutional.”

Judicial Review Significance  As different courts interpret the same legal issues, they may establish difference precedents.  This may also occur between state courts as the interpret the US Constitution  The Supremacy Clause empowers the Supreme court to review and establish precedent for all courts

How cases reach the Court 8,000 appealed to SC- a few hundred chosen for review- >100 actually heard Most cases come from Highest State Courts and Federal Court of Appeals If Justices Agree with LC’s decision= not chosen Rule of Four= how cases are chosen May remand (return) a case back to LC for reconsideration Writ of Certiorari: order by S. Court directing LC to send the record for a given case for its review (to be made more certain)-issues with the interpretation of a statute.

“Cert”- can be granted or denied If denied the LC decision stands (4 or ore justices do not agree SC should accept case) Certificate: cases can reach SC when LC is not clear about the procedure or the rule of law that should apply in that case LC asks SC to certify the answer to a question in the matter

How the SC Operates 1 st Monday in Oct. – June or July EX: 2002 term ran from Oct. 1, 2002 – early summer Accept Case 2. Set date 3. Hear Oral arguments- for cases for 2 weeks then recess for 2 weeks to consider 10:00 am (M-W (Th.? ) –lawyers are almost always limited to 30 minutes

Brief: Written document filed with Court before arguments begin. They are detailed statements that support one side of a case built on relevant facts and citation of previous cases Conference: Justices meet & they consider the cases for which they have heard arguments Chief Justice presides over conference (tells how he will vote) and each Associate Justice summarizes their view

Opinions Majority Opinion: Court’s Opinion and sets out the reasoning for which it is based Precedents: majority opinion states precedence or sets example to be followed in similar cases Concurring Opinion: to add or emphasize a point that was not made in the majority opinion Dissenting opinion: written by Justices who do not agree with the majority decision On rare occasions the SC can reverse itself Minority opinion today can be majority opinion later