2nd exam notes
Trial court end at the rendering of the top and
Appeals must be filed within a timely manor, no set time because various jurisdictions have different times
In filing an appeal the appellate is asking a court of appellate jurisidiction to review and decide the previous court case
What has to be filed in order to have a proper filing of appeal
1) Filed a notice of appeal
Telling the court you want to appeal
2) There must be a record submitted
Transcript of pleadings, motions, hearings, and the actual trial, and must include any judgments and any side rulings made by the side court
3) Then there is submitted by the appellate and the appellee are briefs and these briefs outline the legal arguments that supports requests and set aside judgment and
Briefs outlines legal arguments and set aside judgment for the appellee that it not set aside previous ruling
Once the briefs are filed will schedule an oral argument at which counsel for both parties will have an opportunity to briefly outline their decisions and answer questions from the court.
Types of rulings
Type 1 – to affirm the trial courts ruling
Type 2 – reverse (trial court made a mistake) and remand (sent back to trial court)
Type 3 – reverse (trial court made a mistake) and render (overrides trial court but substitutes a ruling)
Person who loses can appeal even further and eventually appeal to the supreme court
Article 4 – the constitution is know or contains the priviliges or immunity’s clause
Citizens of each state shall be entitled to the rights of the several states
Also includes the full face and credit clause
Requires that all 50 states allow access to
No state can deny anything from a citizen born in another state
Must be recognized by all states
Legislate branch – congress
Define jurisdiction of judiciary
Pass even though veto
Must confirm judiciary’s
Judicial branch – supreme court
Has power to void
Executive branch – president appoint members of judiciary veto any law to him
Government set up on
Appeals must be filed within a timely manor, no set time because various jurisdictions have different times
In filing an appeal the appellate is asking a court of appellate jurisidiction to review and decide the previous court case
What has to be filed in order to have a proper filing of appeal
1) Filed a notice of appeal
Telling the court you want to appeal
2) There must be a record submitted
Transcript of pleadings, motions, hearings, and the actual trial, and must include any judgments and any side rulings made by the side court
3) Then there is submitted by the appellate and the appellee are briefs and these briefs outline the legal arguments that supports requests and set aside judgment and
Briefs outlines legal arguments and set aside judgment for the appellee that it not set aside previous ruling
Once the briefs are filed will schedule an oral argument at which counsel for both parties will have an opportunity to briefly outline their decisions and answer questions from the court.
Types of rulings
Type 1 – to affirm the trial courts ruling
Type 2 – reverse (trial court made a mistake) and remand (sent back to trial court)
Type 3 – reverse (trial court made a mistake) and render (overrides trial court but substitutes a ruling)
Person who loses can appeal even further and eventually appeal to the supreme court
Article 4 – the constitution is know or contains the priviliges or immunity’s clause
Citizens of each state shall be entitled to the rights of the several states
Also includes the full face and credit clause
Requires that all 50 states allow access to
No state can deny anything from a citizen born in another state
Must be recognized by all states
Legislate branch – congress
Define jurisdiction of judiciary
Pass even though veto
Must confirm judiciary’s
Judicial branch – supreme court
Has power to void
Executive branch – president appoint members of judiciary veto any law to him
Government set up on