Saturday, October 12, 2019

State Laws :: essays research papers

Most legal disputes involving state law are initially decided in the trial courts or by an administrative agency. But after such a decision, an individual may turn to the state’s appeal courts if he or she believes a legal error occurred that harmed the case. In fact, thousands of cases are appealed every year.(1) They include criminal convictions as well as civil cases involving personal injury, contracts, employment, real estate, probate, divorce, child custody and many other issues. Whenever an appellate court reverses a trial court decision, it almost always allows that court to rehear the case using the correct law and procedures. In the vast majority of cases, the decision of a Court of Appeal is final. The state Supreme Court does not review the vast majority of cases – it steps in to resolve new or disputed questions of law as well, as to review death penalty cases. Death penalty cases proceed directly to the Supreme Court, bypassing the lower Court of Appeal. The appellate courts of California consist of the Supreme Court and the Courts of Appeal. The judges who serve on these courts are called appellate justices. There are seven justices on the Supreme Court and 93 justices on the Courts of Appeal. The Courts of Appeal are divided into six geographical districts and hear cases arising within the district. Proceedings in appellate courts are very different from those in trial courts. In trial courts a judge or jury hears the testimony of witnesses and reviews physical evidence, exhibits and documents before deciding a case. Appellate courts do not decide an appeal by taking new evidence or reassessing the credibility of the witnesses who testified in the trial court. Instead, they review the written record to determine if the trial court properly interpreted the law and used the correct procedures when considering the case. The opposing parties submit written documents, called briefs, to assert their position. The parties also participate in oral arguments before the appeal court justices. To ensure that the cases are examined from several perspectives and receive a thorough analysis, each Court of Appeal case is decided by three appeal court justices. All seven justices decide the Supreme Court cases. In both cases, a majority of justices must agree on a decision. All justices are bound to apply the law whether they agree with that law or personally disagree with it.

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