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What different type of court makes up the judicial branch?
1. Supreme Court 2. Court of Appeals a. Court of Military Appeals b. Court of Financial Appeals 3. District Courts (excluding State Courts) 4. Local Courts
Who does Court of Appeals hear?
The Court of Appeals hears appeals from the trial courts. Have you ever seen a court room drama on TV? The lawyers cross examine the witnesses. The other side objects to a line of questioning. The lawyers appeal to the Judge. The judge makes his decision. The judge runs the courtroom. He supervises the lawyers. Down in front a court reporter is recording the trial. She takes down everything that is being said. At the end of the trial, the Judge reads the law and instructs the jury. The Jury deliberates and reaches a verdict. It may be a civil case. It may be a criminal case. What happened if the Judge made a mistake? What happened if the evidence did not fit the case? If the Judge supervises the Lawyers, who supervises the Judge? The court of Appeals. A lawyer can have the Court of Appeals review the case. A lawyer writes up the reasons why the Court of Appeals should review the case. His reasons are called a brief. He submits them to the court.
Who makes decisions in the United States Courts of Appeals?
The judges who are on the United States Courts of Appeals make the decisions. These judges are directly appointed by the president and confirmed by the Senate.
What takes place in federal district courts that does not happen in federal appeals courts or in Supreme Court?
Trial by jury is a right in the lower courts that does not apply in appeals courts or the Supreme Court. The jury makes findings of fact and fact is no longer in issue on appeal.
What is the role of the Supreme Court in Canada?
The Supreme Court of Canada is the highest judicial body in Canada. It hears final appeals and decides on issues that are relevant to all Canadians. The government may also ask for a reference from the Supreme Court if it needs advice on a particular issue.
What makes up the juducial branch?
The Judicial Branch of the US government is made of several sections. At the top is the US Supreme Court. After that comes the US Court of Appeals. The next level are the individual district courts.
What does remanded to sentencing mean?
If an appeals court determines that the sentencing court committed an error in either the findings of guilt (to any of the charges) or the severity of the sentence, then it may send the case back to the sentencing court to re-sentence. This repeat of the sentencing process is called a "remand." Two examples. John Smith is convicted of 3 crimes at his criminal trial. The court of appeals detemines that his constitutional rights were violated as to 1 of the 3 crimes. The court of appeals reverses - or sets aside - that 1 crime. The court of appeals then "remands" the case back to the trial court (usually a judge; sometimes a new jury for only a new sentencing argument). Jane Doe is convicted of 1 crime, a first offense, known as a "wobbler," and offense that can be charged either as a misdameanor or a felony. The prosecution charges her with a felony, and makes inflamatory statements in its sentencing argument. Jane Doe is sentenced to 3 years in prison. The Court of Appeals does not disagree with the finding of guilty, but determines the sentence is disproportionate to her crime. It may remand the case for a new sentencing procedure (usually with some dicta instructions or guidelines).
What is differences between a trial court and a court of appeals?
Federal district courts have jurisdiction over trials. Federal appeals courts have jurisdiction over appeals from the federal district courts.
What is a court order that makes some one do something or makes them stop doing something?
A court order that requires someone to do something is called a mandatory injunction. A court order that prohibits someone from doing something is called a prohibitory injunction. Both types of injunctions are enforceable by the court.
What is the document the US Supreme Court makes after making a decision called?
In the Supreme Court, the written decision and legal reasoning for a case is called an Opinion.
What does decision of the court mean?
.... is called a VERDICT (verdicts are rendered by a jury); court decisions are typically called judgements.
What makes up the judicail branch?
Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. In most cases, judicial independence is secured by giving judges long tenure, and making them not easily removable. In The United States, it is a check on the Legislative and Executive Branches of Government and the Judicial System was established under Article 3 of the U.S. Constitution. Supreme Court of the United States Lower Courts Judicial Panel on Multidistrict Litigation; U.S. Bankruptcy Courts; U.S. Court of Appeals for the Federal Circuit; U.S. Court of International Trade; U.S. Courts of Appeals; U.S. District Courts; U.S. Federal Courts, by Geographic Location and Circuit; Special Courts U.S. Court of Appeals for the Armed Forces; U.S. Court of Appeals for Veterans Claims; U.S. Court of Federal Claims; U.S. Tax Court;
