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The Court System Appeals
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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
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Who and What Three judges No jury No witnesses Error of law
Error of fact
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Steps Briefs Oral arguments Deliberation and decision
Could take weeks or even months
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Steps Opinions- Precedents-
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Courts of Appeals Types of relief: Affirms- Reverses -
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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
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Who Nine JUSTICES- since 1869 Nominated by the president
Affirmed by the Senate Appointed for life
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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
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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
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Decisions Majority Opinion — Dissenting Opinion- Concurring Opinion-
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