Exam 11: The Right to Appeal and the Appellate Process

This categorization scheme identifies where on the chronological path the case falls.

Appeals courts hear far more cases than do trial courts.

This is a party's written description of the facts in the case, the law that applies, and the party's argument about the issues being appealed.

Trial courts generally create precedent.

These occur when the attorneys summarize their briefs and answer questions from the judges.

To _____ an issue for appeal means that the attorney must challenge during pretrial or trial the constitutionality of that part of the case.

This is another term specified in the text for a serious defect in a trial.

This brief raises legal concern about errors and constitutional violations at the trial that deprived the defendant of due process of law.

This categorization scheme divides appeal cases based on the court's obligation and power to hear a case.

These appeals require the court's permission to be heard.

In the Supreme Court, if four of the nine justices vote to accept a petition, it is accepted. What is this called?

This categorization scheme separates cases based on geographic jurisdiction.

According to the text, in approximately 25 percent of the cases, the appellate court affirms the lower court.

What is the tactic of arguing that the instant and precedent cases are too distinct to deduce a connection?

When cases do move up from the trial, the appellate courts generally do not even consider the verdict in the case.

Who is the person who initiates an appeal?

If the conviction and sentence have been affirmed on appeal and all other state options exhausted, the incarcerated person can still file a petition for this, as long as there is a new legal issue that was not settled in the direct appeals, and the federal court agrees to review it

This means the appellate court is tossing out the case and prohibiting the state from taking action on the issue again.

This categorization scheme separates cases based on their location in the court hierarchy.