Court Structure & Appeals

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Liberty University *

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200

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Law

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Jan 9, 2024

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docx

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Dorsey 1 Kristine Dorsey PLST 200 25 September 2023 Court Structure and Appeals In this paper I will be discussing court structures and appeals. There are different types of appellate courts depending on the nature of the case. The U.S Court of Appeals has jurisdiction nationwide, in multiple subjects, whereas many states have their own appellate courts pertaining to specific counties. It is important to note that all courts have the right to deny an appeal, and that there is no constitutional right to an appeal. Appeals , United States Courts (Sept. 21, 2023), https://www.uscourts.gov/. In San Francisco, California the presiding appellate court is called the First District Court of Appeal. This intermediate appellate court reviews appealable orders in all cases except for those in death penalty. The 1DCA serves twelve counties in northern California: Alameda Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Solano, and Sonoma. The role of this court is to review records, read appellate briefs, and listen to oral arguments which are presented by the attorneys of the parties involved. About The 1 st District, California Courts – The Judicial Branch of California (2023), https://www.courts.ca.gov/1952.htm. If you wish to file an appeal you need to give the opposing party a notice of appeal by mail, delivery, or electronically. After this you must file your notice of appeal, and proof of service in person, by mail, or electronically. The court clerk will submit these documents for you. After you have done these things, you have ten days to let the superior court know which

Dorsey 2 documents you want included in the record sent to the appellate court. File Notice of Appeal , California Courts – The Judicial Branch of California (2023), https://www.courts.ca.gov/1952.htm. If you do not agree with the decision made by the appellate court, you can file a petition for a rehearing. This petition asks the appellate court to correct any mistakes made (legal or factual). If you are still unsatisfied you can request your case to be transferred to the Court of Appeal. It is ultimately up to the Court of Appeal to accept or deny the transfer of the case. If your case is approved in the Court of Appeal, you can request the supreme court to review the decision that was made. Although possible, review by the California Supreme Court is rarely granted. Options if you lost an appeal , California Courts – The Judicial Branch of California (2023), https://www.courts.ca.gov/1952.htm. There are ninety-four federal judicial districts, and they are organized into twelve regional circuits with their own courts of appeal. San Francisco, California is in the ninth circuit. The U.S. Court of Appeals has nationwide jurisdiction to hear appeals in specialized cases involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims. If you were unhappy with a decision made by the U.S. Court of Appeals you can file a petition for a “writ of certiorari,” which is a document requesting for the Supreme Court to review the case. Court Role and Structure , California Courts – The Judicial Branch of California (2023), https://www.courts.ca.gov/1952.htm. In conclusion, every state has their own courts set up for appeals. These courts follow the law and guidelines of the state in which they reside. These courts do not hear any new information, and only look at the legality of cases. Ensuring that the law was followed when deciding the ruling. The U.S. Court of Appeals has a nationwide jurisdiction, and deals with more specialized cases. This is a great system in place for checks and balances as it makes sure

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