Appellate Court System
Answer to Question 1
The courts of appeal were the first federal courts’ structure to hear appellate cases from the trial courts. Therefore, as part of the judicial system in charge of addressing appeals from lower courts, these courts exist in each of the twelve circuits. There are 94 district courts in the federal legal system divided into 12 regions. Each of the part has its court of appeal that reviews cases decided in the trial courts within their jurisdiction (United States Courts, 2020). Therefore, there are 13 appellate courts.
Getting a case before the Appellate judiciary is a process that requires the individual to have standing and a trial in the district courts in their respective jurisdiction (Federal Judicial Center, 2020). Imperatively, an appeal becomes viable after a lawsuit in the district court where the losing party has issues, leading to dissatisfaction with the decision. Consequently, they prepare an argument to present their appeal. The written argument presented to the appellate judges is known as a brief. Through the brief, the appellant’s lawyers or legal team lay out the case for the justices before the oral submission in court. The implication is that the appellate court system requires individuals to ensure that they have a standing, which is the ability to petition for redress at the higher court.
The appellate courts are influential among each other. For instance, there are twelve courts of appeal in the twelve circuits. However, the federal appeals court constitutes the thirteenth court and hears cases from different regions in the nation. The court only addresses specific types of cases. The implication is that while the 12 courts of appeal have jurisdiction in their respective circuits, the federal circuit court is more influential and takes matters across the country.
Answer to Question 2
The appellate court process comprises rules and practices through that these courts review decisions of the lower courts. The procedure is focused on performing different functions that include errors by the lower courts, developing precedential laws, and attaining uniformity across the system (National Center for State Courts, 2019). The procedures also consider appealable judgments, how the appeals come before the court, and the processes that the parties should follow as well as any abuse of discretion. On losing a case at the trial court, the losing party is entitled to appeal the decision by filing briefs to the court. In most cases, these briefs can be lengthy, and the lawyers may have to decide with the judges on the issues that should be addressed.
Arguments in these courts focus on the written briefs which are presented by the litigants. The submission has the questions for appeal and explains the legal powers as well as positions that bolster each side’s perspective (Cornell Law School, n.d). Further, third parties can submit friends of the court, which may influence the final decision. In most cases, these courts hear written argument as opposed to an oral presentation. Few jurisdictions allow parties to make oral v and arguments, and when approved, these are only intended for clarification of certain legal matters contained in the briefs. Such presentations are subject to time limitations, usually 15 minutes in most regions.
Decisions in appellate courts are considered to be final. Imperatively, these courts act as the highest legal structures for appeal in the various circuits where they are domiciled. The implication is that they determine final decisions in many cases and, therefore, considered essential. The choices in these courts may not be appealed unless they go to the supreme court, which has limited time in determining cases.
References
Cornell Law School (n.d). Appellate Procedure. Retrieved from
https://www.law.cornell.edu/wex/appellate_procedure
Federal Judicial Center (2020). The U.S. Courts of Appeals and the Federal Judiciary. Retrieved
from https://www.fjc.gov/history/courts/u.s.-courts-appeals-and-federal-judiciary
National Center for State Courts (2019). Appellate Procedure: Resource Guide. Retrieved from
https://www.ncsc.org/Topics/Appellate/Appellate-Procedure/Resource-Guide.aspx
United States Courts (2020). Appeals. Retrieved from
https://www.uscourts.gov/about-federal-courts/types-cases/appeals