 |
| Adoption Law | Child Custody | Child Support | Divorce Law | Family Law | Marriage Law |
Appeal Appellate ReviewA losing party may ask a higher court to review a lower court's decision - this is called "taking an appeal." Appeals normally focus on questions of law as applied in the case, not questions of fact. Question: When a soldier appeals a court-martial decision, what federal appellate court of last resort may review....... the case?
10 points for good answer!
A. THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
B.THE U.S. COURT OF VETERANS APPEALS
C. THE U.S. COURT OF APPEALS FOR THE ARMED SERVICES
D. THE U.S. COURT OF APPEALS WHERE THE COURT-MARTIAL OCCURRED Question: Getting a new trial on this issue for appeal...? "The trial court erred by allowing the trial to be conducted without adequately preserving the record of the trial and proceedings on the record as required by rule 22 of the ohio rules of criminal procedure thereby denying appellant his due process rights to appellate review..."
In short, the trial was recorded by a taping device only, and in the transcript there are over 430 instances where the record is unclear. It's not missing like one word here or there either. I'm talking entire conversations, and the testimony of witnesses and counsel arguements, side bar communications, and a numerous portions during voir dire. These instances that are missing are replaced by "partially inaudible", "no response heard", "unintelligable", ect.. Our attorney obviously argues this to it's entirety in every aspect of how unacceptble and unfair this is.
I was just wondering what are our chances for a new trial based on this issue alone? Has anyone had or heard any issues regarding this before? Question: I need help with a letter for a decision from the Board of Review ie repayment of UEI in NJ? I did not send the doctors note to be disabled in the time frame required, now UEI wants a repayment. I'm of age to retire now and need help doing whatever they ask to undo this misunderstanding. Legal aide can do no more for me, the appellate Div. sent 3 pgs. of instructional papers. It's overwelming and stressful. Please advise who can help me make an appeal, file my brief, and finally the appendix and transcrip to the appellate Div.??? Question: QUESTIONS REGARDING INTERLOCUTORY APPEAL OF PLEA TO THE JURISDICTION? I have seen the standards of review used by the appellate courts to decide a plea to the jurisdiction.
I do not know, however, under what circumstances a plea to the jurisdiction may be brought, in what manner, by whom, and when it must be brought. I think that in order for most motions to be timely filed, they must be filed before the trial date. Does a plea to the jurisdiction have to be made at a certain time, or before a certain date? Will it be dismissed for not being timely filed?
Are there any attorneys here who can tell me a little about this subject?
Also, may one file an interlocutory appeal to a trial court judge's ruling on a plea to the jurisdiction? Question: appeal question and new updates need help understanding them? got some new and pretty fast updates in 2010 is that a good thing??and im going to leave it to the knowledge of the ones that do plan on helping me on this question let me know if its good that these updates back to back happen and a total of three in the past week i believe.But im clueless on what they mean or what is going to happen next?And if so can u guys help me out understanding what those updates mean and if you guys have any idea if it looks good or bad on the appeal and what steps might happen next and how far are they into the appeal or almost done thank you in advance im going to put the whole transcrip so you guys can get a clear picture
California Appellate Courts
Date Description Notes
08/14/2008 Notice of appeal lodged/received (criminal). 7 day jury trial; 1st degree murder, 2 counts of attempted murder, permitting another to discharge firearm from vehicle, discharge firearm from vehicle, shoot at inhabited dwelling; 25 years to life without the possibility of parole as to count 1; remaining counts 25 years to life with the possibility of parole plus 10 years consecutive; copy to CCAP
08/14/2008 Notice to reporter to prepare transcript. Sent to ctrrs Flanagan and Correia on 08/07/08
08/25/2008 Court reporter extension granted. CSR: (4490) Extended Due Date: 09/26/2008
1st req
08/26/2008 Appellant notified re: right to counsel. to applt #1
09/26/2008 Court reporter extension requested. 2nd req by ctrr ; to PJ for OK
09/26/2008 Court reporter extension granted. CSR: (4490) Extended Due Date: 10/27/2008
2nd req; OK'd by APJ; N/F imposed
10/30/2008 Record on appeal filed. C2/426 pgs, R4/711 pgs & master index; ltr sent re: record filed & AOB due w/n 40 days
10/30/2008 Probation report filed. confidential pgs 334-345 of the ctx
10/31/2008 Appointment request for counsel filed. by applt
10/31/2008 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant:
Attorney:
--------------------------------------…
aob due in 30 days
12/02/2008 Motion/application to augment record filed. Attorney on behalf of appellant ; Clerk's Transcript People's Exhibit A (Transcript introduced at suppression motion on 4/18/08); People's Exhibit 53, (Transcript of appellant's tape recorded statement to police); Reporter's Transcript Marsden motion on 4/22/08; Motion to amend information on 4/25/08; (to W&M Dept)
12/03/2008 Augmentation granted. (See order.) Attorney on behalf of appellant ; People's Exhibit A introduced at suppression motion 4/18/08, People's trial exhibit 53; RT Marsden motion 4/22/08 & hearing held 4/25/08; Within 30 days; AOB due 30 days after ARF; (W3)
12/09/2008 Notice to reporter to prepare transcript. Court Reporter ; Noticed by Superior Court Clerk re 12/3/08 Augment Order.
01/06/2009 Received: Augmented Record pursuant to 12/3/08 Order; R1/Sealed Marsden Transcript 4/22/08; 1 Court Reporter Declaration; C1/1 pg; 1 DVD (People's Exhibit 53); (To OT for copies)
01/06/2009 Augmented record filed. pursuant to 12/3/08 Order; R1/Sealed Marsden Transcript 4/22/08; 1 Court Reporter Declaration; C1/1 pg; 1 DVD (People's Exhibit 53); (Copy of DVD sent to each counsel); (Letter to counsel AOB is due)
01/07/2009 Telephone conversation with: Atty indicating that the Augmentation from Superior Court, filed 1/6/09, was not correct. Counsel was directed to Notice this court as the issues for further orders to the Superior Court.
01/23/2009 Motion/application to augment record filed. (Second Application); Attorney on behalf of appellant; Clerk's Transcript People's Exhibit A, (Transcript of tape-recorded statement to the police) introduced at 4/18/08 hearing; People's Exhibit 53A, (Transcript of tape-recorded statement to police); Reporter's Transcript 4/24/08 motion to amend information; (to W&M Dept)
02/02/2009 Augmentation granted. (See order.) Attorney on behalf of appellant; CT People's Exhibit A introduced at suppression motion on 4/18/08; People's trial Exhibit 53A transcript of tape record statement to police; RT hearing held 4/24/08; Within 30 days; AOB due 30 days after ARF; (W3)
02/23/2009 Augmented record filed. Pursuant to 2/2/09 order.
C1/96 pgs; R1/5 pgs; 1 Court Reporter Declaration; (Letter to counsel AOB is due)
03/23/2009 Granted - extension of time.
04/20/2009 Requested - extension of time (2nd Request - to PJ)
04/20/2009 Granted - extension of time. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED, ABSENT PROOF OF EXCEPTIONAL CIRCUMSTANCES.
05/21/2009 Requested - extension of time 3rd Request - to PJ
05/22/2009 Granted - extension of time. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED, ABSENT PROOF OF EXCEPTIONAL CIRCUMSTANCES.
06/25/2009 Requested - extension of time 4th-no further time
06/25/2009 Granted - exte
07/06/2009 Appellant's opening brief. Defendant and Appellant:
Attorney:
08/05/2009 Granted - extension of time.
09/04/2009 Respondent's brief. Plaintiff and Respondent: The People
Attorney:
09/22/2009 Granted - extension of time.
10/23/2009 Telephone conversation with: ; ARB mailed on 10/20/09
10/26/2009 Appellant's reply brief filed. Defendant and Appellant:
Attorney:
10/26/2009 Case fully briefed.
01/21/2010 Oral argument waiver notice sent. JAF, #29, March
01/27/2010 Received fax informational copy of: Oral argument notice from Deputy AG Newcomb; CONDITIONAL WAIVER, Teleconference, 30 minutes (Unavailable: 3/8/10 to 3/10/10)
01/28/2010 Oral argument notice filed. Deputy AG Newcomb; CONDITIONAL WAIVER, Teleconference, 30 minutes (Unavailable March 8-10)
can someone please help me out please i need some answers please Question: legal question about court appeal? just had a question about a freind that i s incarcerated for life but he has been going through an appeal stage right now..And i get the updates to my email and i just received one today but im not really sure what they mean..he has an attorney but they provided one for him i think and maybe we should of got him a better one maybe he has a better chance.and all this stuff is so frustrating when someone dont know alot about the laws and rights or where to look for resources.that why im trying to help like some other freinds but this is what i got im going to send u the things from the appeal court i left out his name and the atttorneys name but those are from his case..it started last year and escaladed through this year and all of us are lin the lost dont know whats realy going on...so hopefully you guys can give me some help full information on what it means what happen is it over or what aproach to take maybe any information is well apreciated thank you in advace.
California Appellate Courts
Date Description Notes
08/14/2008 Notice of appeal lodged/received (criminal). 7 day jury trial; 1st degree murder, 2 counts of attempted murder, permitting another to discharge firearm from vehicle, discharge firearm from vehicle, shoot at inhabited dwelling; 25 years to life without the possibility of parole as to count 1; remaining counts 25 years to life with the possibility of parole plus 10 years consecutive; copy to CCAP
08/14/2008 Notice to reporter to prepare transcript. Sent to ctrrs Flanagan and Correia on 08/07/08
08/25/2008 Court reporter extension granted. CSR: (4490) Extended Due Date: 09/26/2008
1st req
08/26/2008 Appellant notified re: right to counsel. to applt #1
09/26/2008 Court reporter extension requested. 2nd req by ctrr ; to PJ for OK
09/26/2008 Court reporter extension granted. CSR: (4490) Extended Due Date: 10/27/2008
2nd req; OK'd by APJ; N/F imposed
10/30/2008 Record on appeal filed. C2/426 pgs, R4/711 pgs & master index; ltr sent re: record filed & AOB due w/n 40 days
10/30/2008 Probation report filed. confidential pgs 334-345 of the ctx
10/31/2008 Appointment request for counsel filed. by applt
10/31/2008 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant:
Attorney:
--------------------------------------…
aob due in 30 days
12/02/2008 Motion/application to augment record filed. Attorney on behalf of appellant ; Clerk's Transcript People's Exhibit A (Transcript introduced at suppression motion on 4/18/08); People's Exhibit 53, (Transcript of appellant's tape recorded statement to police); Reporter's Transcript Marsden motion on 4/22/08; Motion to amend information on 4/25/08; (to W&M Dept)
12/03/2008 Augmentation granted. (See order.) Attorney on behalf of appellant ; People's Exhibit A introduced at suppression motion 4/18/08, People's trial exhibit 53; RT Marsden motion 4/22/08 & hearing held 4/25/08; Within 30 days; AOB due 30 days after ARF; (W3)
12/09/2008 Notice to reporter to prepare transcript. Court Reporter ; Noticed by Superior Court Clerk re 12/3/08 Augment Order.
01/06/2009 Received: Augmented Record pursuant to 12/3/08 Order; R1/Sealed Marsden Transcript 4/22/08; 1 Court Reporter Declaration; C1/1 pg; 1 DVD (People's Exhibit 53); (To OT for copies)
01/06/2009 Augmented record filed. pursuant to 12/3/08 Order; R1/Sealed Marsden Transcript 4/22/08; 1 Court Reporter Declaration; C1/1 pg; 1 DVD (People's Exhibit 53); (Copy of DVD sent to each counsel); (Letter to counsel AOB is due)
01/07/2009 Telephone conversation with: Atty indicating that the Augmentation from Superior Court, filed 1/6/09, was not correct. Counsel was directed to Notice this court as the issues for further orders to the Superior Court.
01/23/2009 Motion/application to augment record filed. (Second Application); Attorney on behalf of appellant; Clerk's Transcript People's Exhibit A, (Transcript of tape-recorded statement to the police) introduced at 4/18/08 hearing; People's Exhibit 53A, (Transcript of tape-recorded statement to police); Reporter's Transcript 4/24/08 motion to amend information; (to W&M Dept)
02/02/2009 Augmentation granted. (See order.) Attorney on behalf of appellant; CT People's Exhibit A introduced at suppression motion on 4/18/08; People's trial Exhibit 53A transcript of tape record statement to police; RT hearing held 4/24/08; Within 30 days; AOB due 30 days after ARF; (W3)
02/23/2009 Augmented record filed. Pursuant to 2/2/09 order.
C1/96 pgs; R1/5 pgs; 1 Court Reporter Declaration; (Letter to counsel AOB is due)
03/23/2009 Granted - extension of time.
04/20/2009 Requested - extension of time (2nd Request - to PJ)
04/20/2009 Granted - extension of time. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED, ABSENT PROOF OF EXCEP
EXCEPTIONAL CIRCUMSTANCES.
05/21/2009 Requested - extension of time 3rd Request - to PJ
05/22/2009 Granted - extension of time. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED, ABSENT PROOF OF EXCEPTIONAL CIRCUMSTANCES.
06/25/2009 Requested - extension of time 4th-no further time
06/25/2009 Granted - extension of time. No further time
07/06/2009 Appellant's opening brief. Defendant and Appellant:
Attorney:
08/05/2009 Granted - extension of time.
09/04/2009 Respondent's brief. Plaintiff and Respondent: The People
Attorney:
09/22/2009 Granted - extension of time.
10/23/2009 Telephone conversation with: ; ARB mailed on 10/20/09
10/26/2009 Appellant's reply brief filed. Defendant and Appellant:
Attorney:
10/26/2009 Case fully briefed. Question: Can someone help me please!!! describe each court level and its responsibilities.? I need help I think I'm just trying to hard so if anyone could help me that would be great thanks!
Describe each court level and it's responsiblities.
Then, describe the two main differences you found between the state and federal court systems.
JURISDICTION
In Latin, juris means “law,” and diction means “to speak.” Thus, jurisdiction literally refers to the power “to speak the law.” Before any court can hear a case, it must have jurisdiction over the persons involved in the case or its subject matter. The jurisdiction of every court, even the United States Supreme Court, is limited in some
way. One limitation is geographical. Generally, a court can exercise its authority over residents of a certain area. A state trial court, for example, normally has jurisdictional authority over crimes committed in a particular area of the state, such as a county or a district. A state’s highest court (often called the state supreme court) has jurisdictional authority over the entire state, and the United States Supreme Court has jurisdiction over the entire country. (For a global perspective on this issue, see the feature International CJ—Jurisdiction and the International Criminal Court.) Jurisdiction over subject matter also acts as a limitation on the types of cases a court can hear. State court systems include courts of general (unlimited) jurisdiction and courts of limited jurisdiction. Courts of general jurisdiction have no
restrictions on the subject matter they may address, and therefore deal with the most serious felonies and civil cases. Courts of limited jurisdiction, also known as lower courts, handle misdemeanors and civil matters under a certain amount, usually $1,000. To alleviate caseload pressures in lower courts, many states have created
special subject-matter courts that only dispose of cases involving a specific crime. For example, a number of jurisdictions have established drug courts to handle an overload of illicit narcotics arrests, and California has created twelve courts that deal specifically with domestic violence offenders.
TRIAL AND APPELLATE COURTS
Another distinction is between courts of original jurisdiction and courts of appellate, or review, jurisdiction. Courts having original jurisdiction are courts of the first instance, or trial courts. Almost every case begins in a trial court. It is in this court that a trial (or a guilty plea) takes place, and the judge imposes a sentence if the defendant is found guilty. Trial courts are primarily concerned with questions of fact; that is, they are designed to determine exactly what events occurred that are relevant to questions of the defendant’s guilt or innocence.
Courts having appellate jurisdiction act as reviewing courts, or appellate
courts. In general, cases can be brought before appellate courts only on appeal by one of the parties in the trial court. Note that because of constitutional protections against being tried twice for the same crime, prosecutors who lose in criminal trial court cannot appeal the verdict. An appellate court does not use juries or witnesses to reach its decision. Instead, its judges make a decision on whether the case should be reversed and remanded, or sent back to the court of original jurisdiction for a new trial. Appellate judges present written explanations for their decisions, and these opinions of the court are the basis for a great deal of the precedent in the criminal justice system. It is important to understand that appellate courts do not determine the defendant’s guilt or innocence—they only make judgments on questions of pro-cedure. In other words, they are concerned with questions of law and normally accept the facts as established by the trial court. An appeals court will rarely question a jury’s decision. Instead, the appellate judges will review the manner in which the facts and evidence were provided to the jury and rule on whether errors were made in the process.
THE DUAL COURT SYSTEM
Like many other aspects of American government, the structure of the judicial system was the result of a compromise. During the framing of the U.S. Constitution, two camps emerged with different views on the courts. The Anti-Federalists, interested in limiting the power of the federal government, wanted the Supreme Court to be the only national court, with the states handling the majority of judicial work. The Federalists, dedicated to ensuring that the states did not have too
much power, wanted all cases to be heard in federal courts. Both sides eventually made concessions, and the outcome is reflected in the dual court system that we have today. Federal and state courts both have limited jurisdiction. Generally stated, federal courts deal with acts that violate federal law, and state courts deal with acts that violate state law. The distinction is not, however, always clear. A number of
crimes—such as kidnapping and transportation of narcotics—are deemed illegal by both federal and state Question: suprem court question? a good Friend of mine has been going through this appeal in the 5th Appellate District and its towards the end or at least i thought because he had got the updates that im going to post and i really hope that someone out there can give me a more depth explanation on what these updates mean or what other steps are going to happen from here.Im really confuse now because it looks like it went to the supreme court i don't know if that a good thing or whats going on but i have faith that some one here can give me the information or give me a more clear picture of whats really going on..
docket for the appeal-
(4/20/2010 Mod. of opinion filed (no change in judgment). It is ordered that the opinion filed herein on March 23, 2010, be modified as follows: On page 23, the ninth line of the first full paragraph, beginning with the words, "Although this trio & " is changed to read as follows: and . testified that they saw the driver and passenger in the suspect vehicle at the time of the offenses and offered a general description of their features. However, was unable to select appellant's picture from a police photographic lineup prior to trial. Moreover, . were unable to identify appellant at trial. Nevertheless, ? did testify at trial that appellant was the driver of the Honda on the day of the offenses. There is no change in the judgment.
05/04/2010 Note: Petition for review filed supreme case #, file sent to Supreme Court, RMI reschd.
05/04/2010 Received letter from: Atty to the Supreme Court re this courts Order modifying Opinion etc.
scheduled actions on the appeal-Remittitur issued. 07/06/2010 review pending
now has a suprem court case-supreme court case
Case Category: Review - Criminal Appeal
Start Date: 04/23/2010
Case Status: case initiated
supreme court docket-04/19/2010 Received premature petition for review Defendant and Appellant: , Attorney:
--------------------------------------…
CA opinion March 23, 2010, file as of April 23, 2010.
04/23/2010 Case start: Petition for review filed Defendant and Appellant:
Attorney:
04/23/2010 Record requested
04/30/2010 Received: letter dated April 29, 2010, regarding order modifying opinion in this appeal from , counsel for appellant .
please i need some answers to my question anyone with knowledge on this please feel free to share any feedback..
dying for answers here no one has answered my question urgent help please Question: This form of direct democracy allows ordinary citizens to propose laws.? This form of direct democracy allows ordinary citizens to propose laws.
Initiatives
Referendums
Impeachments
Recall elections
--------------------------------------…
Question 15 (Multiple Choice Worth 1 points)
When there is an objection to a decision the case goes to
A court of original jurisdiction
The Supreme Court
A court of appeal
A court of review
--------------------------------------…
Question 16 (Multiple Choice Worth 1 points)
State courts get their power from
The U.S. Constitution
State constitutions
Court constitutions
State law books
--------------------------------------…
Question 17 (Multiple Choice Worth 1 points)
Under the Articles of Confederation, the states’ relationship to each other is like
a league of friendship
a strong economic relationship
a league of businesses
a strong united front
--------------------------------------…
Question 18 (Multiple Choice Worth 1 points)
Under the Articles of Confederation, each state received votes based on
Population of the state
Square mileage of the state
Equal representation, each getting only one vote
Equal representation, each getting three votes
--------------------------------------…
Question 19 (Multiple Choice Worth 1 points)
The Glorious Revolution occurred because
the Protestants did not want a return to a Catholic religion in England.
the Catholics did not want a return to Protestant rule in England.
the merchant class wanted to overthrow the King for economic reasons.
the wealthy class wanted to overthrow the King and rule as an oligarchy.
--------------------------------------…
Question 20 (Multiple Choice Worth 1 points)
Gerrymandering is
when a current member of congress is running for re-election.
when the National Census requires district lines to be redrawn.
when district lines are drawn in a crazy manner to favor one party.
when district lines are redrawn following the National Census.
--------------------------------------…
Question 21 (Multiple Choice Worth 1 points)
The purpose for the length of a Senator’s term of office is to
Keep the number of elections lower and expenses down.
Keep him or her well connected to the citizens.
Allow more time for deliberation and work.
Allow fresh ideas to come to the office more frequently.
--------------------------------------…
Question 22 (Multiple Choice Worth 1 points)
Appellate jurisdiction is
The power of the court to hear only criminal cases
The power to review decisions made by other courts
The power of the court to decide the unconstitutionality of laws
The power to hear a case for the first time
--------------------------------------…
Question 23 (Multiple Choice Worth 1 points)
A Senator serves a term of how many years?
Two years
Four years
Six years
For life
--------------------------------------…
Question 24 (Multiple Choice Worth 1 points)
The branch of government that is responsible for creating laws is the
Executive branch
Judicial branch
Congressional branch
Legislative branch
--------------------------------------…
Question 25 (Multiple Choice Worth 1 points)
Who was unanimously elected to lead the Constitutional Convention?
Thomas Jefferson
Benjamin Franklin
James Madison
George Washington
--------------------------------------…
Question 26 (Multiple Choice Worth 1 points)
The Federalists
Were in favor of working within the Articles of Confederation
Were in favor of ratifying the Constitution
Were against the Virginia Plan
Were against ratifying the Constitution
--------------------------------------…
Question 27 (Multiple Choice Worth 1 points)
Constituent work can consist of
lobbying for bills to be passed in Congress.
campaigning to have people elected to office who will support your cause.
helping people deal with federal agencies such as Social Security.
fundraising to support a Special Interest Group.
--------------------------------------…
Quest Question: review the miranda decision an with other justices discuse howmiranda & the 5amnendment might apply 2 dis case? New York v. Quarles
Police chased Quarles , a rape suspect , through a supermarket. Finally catching and handcuffing him, they found he had an empty shoulder holster. An officer asked him where the gun was. Nodding toward some empty boxes, Quarles said,” The gun is over there.” The police retrieved a loaded .38 caliber handgun from a box. Quarles was charged with illegal possession of a gun . At trail, the judge excluded Quarles’s statement and the gun from evidence because Quarles was not given Miranda warnings before being questioned. The prosecution appealed , claiming the Miranda rule should not in an emergency situation given the gun’s danger to the public. The New York Appellate Division and Court of Appeals both rejected the prosecution’s argument and affirmed the trail courts decision. The U.S supreme Court granted certiorari. The issue before the court : should there be a public safety exception to the Miranda rule?
Question: case brief of Peters v. Davis? peters sues davis. At trial, Peters's lawyer attempts to introduce certain evidence to help make his case. Davis's attorney objects, and the trial judge refuses to allow the evidence. Peters eventually loses the case at the trial court level. On appeal, his attorney argues that the trial judge's decision not to admit the evidence was erroneous. Davis's attorney argues that the appellate court cannot consider this question, because appellate courts review only errors of law (not fact) at the trial court level. Is Davis's attorney correct? Why or why not? Question: Help me!!!!? Brown, Inc., of PA enter into a contract to purchase a shipment of wire rims from Smith Company in Detroit for $ 27,000. When rims arrive, Brown thinks they are defective and refuses to pay. Smith sues Brown, Inc., in the US District Court. Brown, Inc.,
- Challenges the jurisdiction of US District Court because the claim is less than $75,000
- Must submit to the jurisdiction of the US district court because the case involves a federal question
- May appeal to the PA supreme court
- Must submit to the exclusive jurisdiction of federal court
Appellate Court review and determine the propriety of decisions of lower courts. After such review, the Appellate court has the power to
- affirm the decision of the lower court
-remand the case back to the lower court
-reverse the decision of lower court
-all above
-a &c
- b& c Question: Law Question...what is The Uniform Arbitration Act? A.The Uniform Arbitration Act
1. voids the agreement as a violation of public policy.
2. dictates the terms of the agreement.
3. provides the means for enforcing the agreement.
4. sets out the proper subject matter of the agreement.
B.Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court.
Refer to Fact Pattern 3-2B. After the state's highest court's review of Kelly v. Lewis, a party can appeal the decision to the United States Supreme Court if
1. a question of state law remains unresolved.
2. the party is unsatisfied with the result.
3. a federal question is involved.
4. the state trial and appellate court rulings are
C.Far Trade Company and Good Shipping. Inc., have their dispute resolved in arbitration. The arbitrator meets with Far's representative to discuss the dispute outside the presence of Good's representative, before determining the award. If this meeting substantially prejudiced Good's rights, a court will most likely
1. do nothing.
2. set aside the award.
3. review the merits of the dispute.
4. review the sufficiency of the evidence.
D.In Kettle Cafe's suit against Luscious Morsels, Inc., the jury returns a verdict in Kettle's favor. Kettle will most likely ask the court to
1. order a new trial.
2. enter a judgment on the pleadings.
3. enter a judgment n.o.v.
4. enter a judgment in accordance with the verdict.
E. Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by
1. that court and courts of lower rank.
2. all courts.
3. that court only.
4. courts of lower rank only. Question: civics exam 100 points please help? Your Open QuestionShow me another »
Civics exam please answer please?
Test Questions
1. The law that prevails over all other laws in the United States is
A.
constitutional law.
B.
administrative law.
C.
statutory law.
D.
criminal law.
Points Possible:4.00
2. People accused of crimes do not have the right
A.
to a lawyer.
B.
to a jury trial.
C.
of appeal.
D.
to refuse to appear in court.
Points Possible:4.00
3. The authority to interpret and administer the law is called
A.
common law.
B.
jurisdiction.
C.
judicial review.
D.
administrative law.
Points Possible:4.00
4. A person accused of violating a constitutional amendment would be tried in
A.
a federal court.
B.
an appellate court.
C.
a territorial court.
D.
the Supreme Court.
Points Possible:4.00
5. Courts that review cases appealed from the district courts are called
A.
small claims courts.
B.
court-martials.
C.
territorial courts.
D.
courts of appeals.
Points Possible:4.00
6. The principle of judicial review was established by
A.
John Marshall.
B.
James Madison.
C.
Franklin D. Roosevelt.
D.
William Marbury.
Points Possible:4.00
7. The Supreme Court's 1954 decision in Brown v. Board of Education of Topeka suggested that
A.
the Court's decision in Plessy v. Ferguson was correct.
B.
segregation laws were unconstitutional.
C.
the Supreme Court would have limited influence on the civil rights movement.
D.
the Supreme Court had powers that were not granted by the Constitution.
Points Possible:4.00
8. A person has been arrested and questioned by the police before being informed of his or her rights. This is in violation of the Supreme Court ruling in
A.
Marbury v. Madison.
B.
Miranda v. Arizona.
C.
Plessy v. Ferguson.
D.
Brown v. Board of Education of Topeka.
Points Possible:4.00
9. All district court judges (except those in U.S. territories)
A.
serve four-year terms.
B.
serve eight-year terms.
C.
are appointed for life.
D.
are U.S. marshals.
Points Possible:4.00
10. The size of the Supreme Court is determined by
A.
the president.
B.
the voters.
C.
the Senate.
D.
Congress.
Points Possible:4.00
11. Supreme Court justices can only be removed from office by
A.
impeachment.
B.
the president.
C.
the voters.
D.
a panel of district court justices.
Points Possible:4.00
12. According to the Constitution, Supreme Court justices
A.
must be lawyers.
B.
must have previously served on a lower court.
C.
must be members of Congress.
D.
have no set requirements.
Points Possible:4.00
13. Before a law can be declared unconstitutional,
A.
the president must agree to the declaration.
B.
there must be a two-thirds majority vote in the Senate.
C.
someone must challenge the law and bring a case to court.
D.
the U.S. Court of Federal Claims must hold a hearing.
Points Possible:4.00
14. Approximately how many cases are placed on the Supreme Court docket each year?
A.
100 to 200
B.
200 to 400
C.
50 to 75
D.
500
Points Possible:4.00
15. Convicted juveniles may be sent to any of the following EXCEPT a
A.
maximum security prison.
B.
foster home.
C.
juvenile detention center.
D.
training school.
Points Possible:4.00
16. A bank employee steals $30,000 from his employer. When he is arrested, he is accused of
A.
fraud.
B.
embezzlement.
C.
aggravated assault.
D.
vandalism.
Points Possible:4.00
17. Police officers do not
A.
appear in court as witnesses.
B.
protect the rights of suspects.
C.
arrest persons suspected of crimes.
D.
punish lawbreakers.
Points Possible:4.00
18. A store owner is injured by a thief who robs her at gunpoint. She is a victim of
A.
grand larceny.
B.
burglary.
C.
robbery.
D.
arson.
Points Possible:4.00
19. The juvenile court system assumes that young people
A.
are unlikely to commit serious crimes.
B.
should not be punished if they commit crimes.
C.
are led into crime by older people.
D.
need rehabilitation more than punishment.
Points Possible:4.00
20. Because of a Supreme Court ruling, all juvenile suspects must
A.
receive the same due process rights as adults.
B.
be tried in adult courts.
C.
be sent to boot camp.
D.
be released on bail.
Points Possible:4.00
21. Arson is
A.
not always intentional.
B.
the same thing as
2 days ago - 2 days left to answer Question: easy 10 POINTS FOR THE FIRST TO ANSWER!! ...PLEASE HELP!!?? There are about 1,700 federal judges
True
False
Family or domestic relations courts may hear actions involving divorce
True
False
All states have trial courts
True
False
The most powerful federal court in the United States is the __
United States Court of Appeals
Tax Court of the United States
United States Supreme Court
Federal Circuit Court of the District of Columbia
The significance of the Supreme Court case Marbury v. Madison is that the decision __
advanced civil rights for minorities
upheld the constitutionality of a national bank
limited Presidential control of foreign policy
established the power of judicial review
Appellate courts review decisions made by what type of court?
Supreme Courts
Circuit courts
Trial courts
Common pleas courts
10 points for the first to get them ALL right, and telling me how you know the answers :-P Question: help on crrminal justice questions please ? 1.
The highest court in most states is the:
a. district court.
b. court of criminal appeals.
c. court of appeals.
d. Supreme Court.
--------------------------------------…
2.
Courts which generally determine whether errors were committed by the courts below them are known as:
a. district courts.
b. appellate courts.
c. civil courts.
d. Supreme Courts.
--------------------------------------…
3.
Trustworthy statements which have been obtained in violation Miranda may still be used:
a. to impeach the credibility of a defendant who takes the witness stand.
b. in place of testimony.
c. to shame a defendant in the newspaper.
d. against a defendant in court.
--------------------------------------…
4.
What number of justices must agree in order for the U.S. Supreme Court to hear a case on its merits?
a. six
b. five
c. seven
d. four
--------------------------------------…
5.
According to the rule of law:
a. everyone is entitled to a jury trial.
b. no person is above the law.
c. cruel and unusual punishments are outlawed.
d. precedents must be followed.
--------------------------------------…
6.
Judicial review gives the court the power to:
a. follow precedents.
b. overrule the U.S. Constitution.
c. void laws or official acts which are inconsistent with the U.S. Constitution.
d. order that courts be closed in times of martial law or war.
--------------------------------------…
7.
The case citation provides which of the following information?
a. Where an opinion may be found.
b. Whether or not stare decisis was followed.
c. Whether the defendant was convicted or acquitted.
d. Where the court sat when it decided the case.
--------------------------------------…
8.
How many votes are required to win a case in the U.S. Supreme Court Justice?
a. five
b. four
c. six
d. nine
--------------------------------------…
9.
How do most cases heard by the U.S. Supreme Court get there?
a. writ of error
b. writ of certiorari
c. habeas corpus appeal
d. certification
--------------------------------------…
10.
Which Amendment provides a defendant with protection against self-incrimination?
a. First
b. Sixth
c. Fifth
d. Fourth Question: Help with US GOV work please?!? 1. Courts with appellate jurisdiction
a. review the legal issues involved in a case.
b. determine the facts about a case.
c. have no original jurisdiction.
d. hear only criminal cases.
e. hear only civil cases.
2. The rule of four means that
a. Four justices are sufficient to hear any case before the Supreme Court.
b. Four justices must agree to review a case for a writ of certiorari to be issued.
c. The court can meet only in formal session.
d. A case can only be appealed four times.
e. Justices are barred from social or business relationships with parties in pending cases.
3. Which of the following is true of cases waiting to be heard by the Supreme Court?
I. All cases are heard by the Supreme Court; it's just a question of deciding when they'll be heard.
II. The justices must vote unanimously to hear a case.
III. Only four of the justices have to agree for a case to be heard
IV. Only cases representing a constitutional dilemma will be considered.
a. I only
b. II only
c. III only
d. II and IV
e. III and IV
4. Federal courts chief method of checking the power of the other branches is
a. Impeachment
b. Judicial review
c. Amicus curiae briefs
d. Judicial restraint
e. Judicial activism
help me out as much as you can, please. Question: CIVICS QUESTIONS....? Which court in Virginia is the only court to use juries?
A: Virginia Supreme Court
B: Virginia Court of Appeals
C: Circuit Court
D: General District Court
Judicial responsibilities in the United States are handled in a court system that consists of both state courts and federal courts. This is an example of -
F: judicial review
G: judicial activism
H: a dual court system
J: an unified court system
What type of jurisdiction is it when a court hears a case that has already been decided at a lower level?
A: Appellate
B: Concurrent
C: Exclusive
D: Original
The only federal court where cases can be heard by a judge and a jury is the -
F: United States Court of Appeals
G: United States District Court
H: Virginia Court of Appeals
J: Virginia Supreme Court
When the Supreme Court of Virginia hears an appeal, it is known as -
A: exclusive jurisdiction
B: original jurisdiction
C: concurrent jurisdiction
D: appellate jurisdiction
What type of jurisdiction does the Virginia Supreme Court have?
F: Legislative
G: Limited original and appellate
H: Original
J: Federal and state
Which is an example of original jurisdiction?
F: The United States Supreme Court rules that Mr. Miranda has the right to know why he’s being arrested.
G: The Circuit Court of Virginia rules that Ms. Jones is guilty of a crime as charged.
H: The United States Court of Appeals rules that testimony in Mr. Green’s case should not have been allowed.
J: The Virginia Supreme Court rules that Ms. Cooper's rights in the General District Court of Virginia were not denied.
Which of these cases would the United States Supreme Court hear?
F: An individual convicted of armed robbery appeals the Virgina Circuit Court conviction.
G: Student anti-war protestors appeal the United States Circuit Court decision that wearing black armbands in school is not a form of protected speech.
H: The Federal government sues a citizen for failure to pay taxes.
J: A citizen of the Commonwealth of Virginia sues the commonwealth when it tries to seize part of his land to widen a highway.
Federal courts have original jurisdiction in all of these situations EXCEPT -
F: laws passed by the Congress of the United States
G: laws passed by the Virginia General Assembly
H: foreign agreements made by the United States President
J: interpretation of the Constitution of the United States
Frank, 22 years old, has been arrested and charged with shoplifting video games valued at $150. This is his first offense. Frank’s case will be heard in what Virginia court?
A: The Virginia Circuit Court
B: The Virginia Court of Appeals
C: The Virginia Juvenile and Domestic Relations District Court
D: The Virginia General District Court
A murder case would take place in what Virginia court?
F: Virginia Circuit Court
G: Virginia General District Court
H: Virginia Court of Appeals
J: Virginia Supreme Court
In which court is the decision of the court always final?
F: Virginia Circuit Court
G: United States Court of Appeals
H: United States Supreme Court
J: Virginia General District Court Question: what are five things you learned? RIVERSIDE, Calif. (Oct. 18) -- A federal judge said on Monday that she is learning toward denying a government request to delay her order halting the military from enforcing its ban on openly gay troops.
U.S. District Judge Virginia Phillips said she would review the arguments from Justice Department lawyers and issue a ruling as early as Monday, or by Tuesday.
"My tentative ruling is to deny the application for a stay," Phillips said at the start of the hearing.
Phillips said the government has not proven that her order would harm troops or in any way impede efforts to implement new regulations for the military to deal with openly gay service members.
If she rejects the request, Justice Department officials say the Obama administration would appeal. Experts say they will likely find friendlier venues in the U.S. Court of Appeals for the 9th Circuit in San Francisco and, ultimately, the U.S. Supreme Court.
"The farther the decision gets from the presentation of evidence in the trial court, the more likely it is that courts will assume the military must have some critically important interest at stake," said Diane Mazur, a law professor who opposes the policy.
The military has promised to abide by the injunction against the "don't ask, don't tell" policy as long as her order remained in place.
Government attorneys had asked Phillips to suspend her order while they appealed, saying that forcing an abrupt change of policy could damage troop morale as they fought two wars.
The judge declared the policy unconstitutional on Sept. 9, saying it violated due process rights, freedom of speech and the right to petition the government for redress of grievances guaranteed by the First Amendment.
Phillips said the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services by hurting recruiting and requiring the discharge of service members with critical skills and training.
At the time, she asked both sides to give her input about an injunction and, on Monday, called the government request "untimely." She said the Justice Department had plenty of opportunity to modify her injunction before she ordered it on Oct. 12.
Phillips also the government did not present evidence at the trial to show how her order would cause irreparable harm to troops.
Government attorney Paul Freeborne said the DOJ had no reason to present such evidence until her order came down.
He said her nationwide injunction was unrealistic, and will hurt military effectiveness because it does not allow enough time for the military to conduct its training and education to implement the new regulations.
"You're requiring the Department of Justice to implement a massive policy change, a policy change that may be reversed upon appeal," Freeborne told her.
A lawyer representing the Log Cabin Republicans, a gay rights group that filed the lawsuit challenging the ban in 2004, said the Justice Department has had six years to respond and did not.
"The government now wants to continue to deprive Americans of their constitutional rights, and the court should not do that," Woods told Phillips. His group says more than 13,500 service members have been fired under the Clinton administration-era policy.
Richard Socarides, a former Clinton White House adviser on gay rights, said he does not expect Phillips to grant the stay.
"She seems to have lost her patience with the government's position and I think that's reflected in her ruling up until now," Socarides said. "But they will probably go to the appellate court or Supreme Court and you'll see in a couple of days that this order has been stayed."
Under the 1993 law, the military cannot inquire into service members' sexual orientation and punish them for it as long as they keep it to themselves. President Barack Obama has said he wants the law repealed in Congress.
Defense Secretary Robert Gates, a Republican, and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, the military's top uniformed officer, both say they support lifting the ban. But Gates and Mullen also have warned that they would prefer to move slowly.
Gates has ordered a sweeping study due Dec. 1 that includes a survey of troops and their families.
The president agreed to the Pentagon study but also worked with Democrats to write a bill that would have lifted the ban, pending completion of the Defense Department review and certification from the military that troop morale wouldn't suffer.
That legislation passed the House but was blocked in the Senate by Republicans.
Gay rights activists worry that expected Republican gains in the midterm elections next month could make it even more difficult to overturn the policy in Congress.
I just want to know what you learned from the article. Question: Survey on business law let see who can get right!!!!? 1. Sarah Shopper goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling and there is a lot of clutter in the aisle. Sarah trips over the clutter and is injured. Sarah's status with regard to the store is that of
A. licensee.
B. business invitee.
C. public invitee.
D. trespasser.
E. shoplifter.
2. Mr. Large files suit against Mr. Small. The parties engage in extensive discovery. Mr. Small then makes a motion for a summary judgment. When should a judge grant Mr. Small's motion?
A. If there is no genuine material issue of fact remaining in the case to be decided.
B. Anytime either party makes such a motion.
C. When an answer has been filed showing that there is a definite dispute of facts.
D. At the conclusion of the selection of the jury.
E. At the end of all testimony by witnesses.
3. Diversity of citizenship
A. is a basis for federal appellate courts to exercise orginal jurisdiction.
B. is the result of a writ of certiorari.
C. is one reason to grant in rem jurisdiction.
D. is based on the doctrine of stare decisis.
E. is the basis for federal district court jurisdiction.
4. The courts are likely to provide remedies in all but which one of the following?
A. If a person refuses to return your friend's book.
B. If a person refuses to help rescue a drowning child.
C. If a person pushes a man into the lake.
D. If a person does not drive carefully on a busy street.
E. All of the above.
5. The power of authority of a court to hear or decide a given case is
A. jurisdiction.
B. venue.
C. stare ecisis.
D. equity.
E. precedent.
6. When both state and federal courts have the power to hear a case, their jurisdiction is
A. concurrent.
B. jurisdiction over the person.
C. exclusive.
D. removal.
E. mutual.
7. The legal principle which deals with the location where a lawsuit should be brought is
A. in personam jurisdiction.
B. subject matter jurisdiction.
C. venue.
D. stare decisis.
E. in rem.
8. An order issued by the United States Supreme Court to a lower court requiring that it be sent the record of a case for review is
A. a writ of certiorari.
B. a writ of mandamus.
C. an appeal.
D. either b or c is correct.
E. a subpoena ducesteum.
9. The "discovery" stage of a trial includes all but which one of the following?
A. Requests for admission
B. Counterclaims
C. Written interrogatories
D. Depositions
E. Motion to produce documents
10. Osama is dying and needs a blood transfusion. Only one person in New York City has Osama's blood type, but that person refuses to help. That person has committeed
A. a tort.
B. an actionable constitutional violation.
C. an immoral act.
D. an actionable executive law violation.
E. a crime.
11. Ali keeps an exotic snake collection in his garage. While at work one day, one of Ali's cobras slithered up the front porch. When a man seeking directions knocked on Ali's front door, the cobra bit him. Ali will most likely
A. be liable on the basis of strict liability.
B. not be liable because the man was on Ali's property without Ali's permission.
C. not be liable since Ali had the right to use the cobra to protect his property.
D. not be liable because maintaining the snake collection is a public nuisance.
E. be liable on the basis of an intentional tort.
12. Harold Homeowner doesn't like having the neighborhood teenagers walk across his yard at night. He rigged up an animal trap and placed it on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital emergency room and briefly hospitalized for his injuries.
A. Tim is a trespasser on Harold's property.
B. Harold has no duty toward Tim.
C. Harold has a duty to exercise reasonable care.
D. Harold is not liable because he posted a "NO TRESPASSING" sign.
E. Harold is liable because he cannot use deadly force to protect his property.
13. Harold, who is driving too fast for conditions, collides with a truck carrying explosives. The truck is unmarked, so Harold has no way of knowing what it contains. The collision causes an explosion, which shatters glass in a building a block away. The glass injures Ida, who is working inside the building. John, who is walking down the street near the site of the collision, is seriously burned as a result of the explosion.
A. Harold's negligent driving is the proximate cause of Ida's injury.
B. Harold's negligent driving is the proximate cause of John's injury.
C. Both Ida and John are within the zone of danger of the collision.
D. Ida is in the zone of danger.
E. Harold's negligent driving is the legal cause of Ida's injury.
14. A "long arm" statute enables
A. a federal court to decide
|
|||||||
