Podcast
Questions and Answers
What is the minimum number of judges required to hear an appeal in appellate courts?
What is the minimum number of judges required to hear an appeal in appellate courts?
What distinguishes a concurring opinion from a dissenting opinion?
What distinguishes a concurring opinion from a dissenting opinion?
Which statement is true regarding the appellate court structure within a state?
Which statement is true regarding the appellate court structure within a state?
What does a 'per curiam' decision signify?
What does a 'per curiam' decision signify?
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In which scenario will appellate judges NOT review evidence?
In which scenario will appellate judges NOT review evidence?
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What is primarily the role of lawyers in an appellate court?
What is primarily the role of lawyers in an appellate court?
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What happens to a judge's separate opinion if they disagree with the majority decision?
What happens to a judge's separate opinion if they disagree with the majority decision?
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How is the decision-making process handled in appellate courts?
How is the decision-making process handled in appellate courts?
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What is typically submitted by attorneys to the court during an appeal?
What is typically submitted by attorneys to the court during an appeal?
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How many United States Courts of Appeals are there?
How many United States Courts of Appeals are there?
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Which type of court is the highest in the federal system?
Which type of court is the highest in the federal system?
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Where do appeals from district courts within a circuit go?
Where do appeals from district courts within a circuit go?
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What is the territorial jurisdiction of a district court limited to?
What is the territorial jurisdiction of a district court limited to?
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What must happen for an appellate court to hear a case?
What must happen for an appellate court to hear a case?
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Which statement about the federal court system is true?
Which statement about the federal court system is true?
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Which states are included in the jurisdiction of the United States Court of Appeals for the Seventh Circuit?
Which states are included in the jurisdiction of the United States Court of Appeals for the Seventh Circuit?
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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.