State Court System and Appeals Process
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State Court System and Appeals Process

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@DiligentForgetMeNot

Questions and Answers

What is the minimum number of judges required to hear an appeal in appellate courts?

  • Four judges
  • Five judges
  • Two judges
  • Three judges (correct)
  • What distinguishes a concurring opinion from a dissenting opinion?

  • A concurring opinion is written by a judge who was absent during the vote.
  • A concurring opinion agrees with the majority outcome but differs in reasoning. (correct)
  • A concurring opinion disagrees with the majority on the outcome.
  • A concurring opinion is not attributed to any judge.
  • Which statement is true regarding the appellate court structure within a state?

  • Each appellate district can have multiple supreme courts.
  • All appellate courts within a state rank equally. (correct)
  • Appellate courts may include trial courts as part of their structure.
  • Each appellate court must have its own unique judges.
  • What does a 'per curiam' decision signify?

    <p>The decision reflects unanimous agreement by the judges.</p> Signup and view all the answers

    In which scenario will appellate judges NOT review evidence?

    <p>When the appeal is based on legal errors made by the trial court.</p> Signup and view all the answers

    What is primarily the role of lawyers in an appellate court?

    <p>To argue that the lower court's ruling was appropriate or erroneous.</p> Signup and view all the answers

    What happens to a judge's separate opinion if they disagree with the majority decision?

    <p>It is considered a dissenting opinion.</p> Signup and view all the answers

    How is the decision-making process handled in appellate courts?

    <p>Decisions are made by a majority vote of the judges.</p> Signup and view all the answers

    What is typically submitted by attorneys to the court during an appeal?

    <p>Appellate briefs</p> Signup and view all the answers

    How many United States Courts of Appeals are there?

    <p>13</p> Signup and view all the answers

    Which type of court is the highest in the federal system?

    <p>Supreme Court of the United States</p> Signup and view all the answers

    Where do appeals from district courts within a circuit go?

    <p>To the United States Court of Appeals for that circuit</p> Signup and view all the answers

    What is the territorial jurisdiction of a district court limited to?

    <p>The area of its district</p> Signup and view all the answers

    What must happen for an appellate court to hear a case?

    <p>There must be a preceding case record to review</p> Signup and view all the answers

    Which statement about the federal court system is true?

    <p>It is structured hierarchically</p> Signup and view all the answers

    Which states are included in the jurisdiction of the United States Court of Appeals for the Seventh Circuit?

    <p>Illinois, Wisconsin, and Indiana</p> Signup and view all the answers

    Study Notes

    State Court System

    • Intermediate appellate level often comprises multiple courts divided into geographic districts, each with its own court of appeals.
    • Each appellate court in a state is co-equal within the hierarchy, while there is only one supreme court, which is superior to all state courts.
    • Appeals are heard by an odd number of judges, typically three or more, ensuring fair decision-making.
    • Majority opinions are written by one judge from the majority, while dissenting opinions are crafted by judges who disagree with the majority's conclusion.
    • Concurring opinions can be written by judges who agree with the outcome but wish to express differing views on aspects of the case.
    • Per curiam decisions are issued "by the court" and indicate general consensus on an issue, often resulting in shorter opinions.

    Appeals Process

    • Appeals do not involve new trials, evidence presentation, or witness examination.
    • Lawyers argue based on written appellate briefs and may present oral arguments, though not all appeals require oral argument.
    • Appellate courts review the record of the original trial court proceedings.
    • Many appellate decisions are published in case reporters and online for public access.

    Federal Court System

    • Federal trial courts, known as district courts, exist in each state, often with multiple courts in larger states.
    • Rhode Island has a single district court; Illinois has three district courts: Northern, Southern, and Central Districts.
    • The United States Court of Appeals serves as the federal intermediate appellate court system, divided into thirteen circuits.
    • Eleven circuits are numbered and encompass specific states, while two circuits are designated by name (D.C. Circuit and Federal Circuit).
    • Appeals from district courts in a circuit go to the respective circuit's court of appeals (e.g. Northern District of Illinois to the Seventh Circuit).
    • The highest federal court is the Supreme Court of the United States, which hears appeals from all United States Courts of Appeals and select cases from district courts and state supreme courts.

    Attorney-Client Relationship

    • Initiates when a client approaches an attorney to discuss legal issues, which may encompass various business matters.

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    Description

    This quiz covers the structure and function of the state court system, focusing on the appellate level, the role of various judges, and the appeals process. Understand the differences between majority, dissenting, and concurring opinions, as well as the significance of per curiam decisions. Test your knowledge on how appeals differ from new trials.

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