POSC 130g 1-29-09

POSC 130g 1-29-09 - POSC 130g Reviewing Courts • Duties...

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Unformatted text preview: POSC 130g 1/29/09 Reviewing Courts • Duties: Reviewing courts are responsible for ensuring that the lower courts properly applied the law, not reweigh the facts Key difference between trial and reviewing courts • At trial, burden is on the prosecution to prove case. Prosecution goes first in opening, presentation of evidence, and first and last at closing argument • On appeal, burden is on the losing party below to establish error. Appellant argues first and may offer rebuttal. Mandatory v. Discretionary Review Reviewing Courts Habeas corpus • (Latin: You (shall) have the body) • A legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person. It protects the individual from harming him or herself, or from being harmed by the judicial system. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action Reversible Error v. Harmless ErrorReversible Error v....
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This note was uploaded on 04/22/2009 for the course POSC 130g taught by Professor Below during the Spring '06 term at USC.

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POSC 130g 1-29-09 - POSC 130g Reviewing Courts • Duties...

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