February_12th - PLS 320: AMERICAN JUDICIAL PROCESS...

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Unformatted text preview: PLS 320: AMERICAN JUDICIAL PROCESS Appellate Court Process In This Presentation Appellate Court Agendas Why Appeal? The Subjects of Appeals The Process of Appeals Court of Appeals Panels Most Court of Appeals Cases are Heard and Decided by Three Judge Panels Usually the Panel Consists of Active Judges From the Circuit, but Senior Judges, District Court Judges, and Appeals Court Judges from Other Circuits Sometimes Serve. Rarely, a Court of Appeals will Decide a Major Case, En Banc , or all together as a full court. Cases are decided by a majority vote Appellate Court Agendas Appellate Courts can only Hear Cases Appealed to them: No Advisory Opinions Appellate Courts Have Large Caseloads The Facts of the Case are Considered to Have Been Determined by the Trial Court; unless the Finding of the Trial Court was Clearly Erroneous Types of Cases Heard Vary Depending on Whether Courts Have Mandatory Jurisdiction or Discretionary Jurisdiction . Another term for Discretionary Jurisdiction is Docket Control ....
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February_12th - PLS 320: AMERICAN JUDICIAL PROCESS...

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