Appellate courts | Campusflava

How could the appellate system be made more effective?

Admin_Louis — Sat, 01 Jul 2017 05:30:29 +0000

Appellate courts are incorporated with the judicial system that are accountable for the review of legal cases in which have been made in error during a trial level or other minor courts. The appellate courts have over the years become specialized parts of our judicial system, in which such courts have multiplied in their caseloads, as documented since World War II; some states have made efforts regarding constitutional and statutory provisions to meet such increasing burden of appeals. By providing temporary additional judges, as well as additional aid of the creation of many temporary courts, however such increasing density of the appellate courts organization is not abnormal for large populated areas such as New York, Illinois, Pennsylvania and Ohio. Concentrating on the efficiency within the appellate courts system could benefit such concerns and in reducing the appeal case and could allow for a more basic appellate organization, as well as proper filtering of the casework to sort out any unnecessary and/ or late appeals. Other ways to help the appellate system be more effective is through successful communication between the parties of the court, and the appellate briefer must try to see all aspects of the case within the two roles of the advocates and the judge. Due to the heavy demand on appellate courts there is a definite need for reform in which Judge Wallace within the United States Court of Appeals for the Ninth Circuit points out that each judiciary will need to tailor reform efforts per its particular circumstances, in appointing the fundamental approach of appellate court adjudication.

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How could the appellate system be made more effective?

Admin_Louis — Sat, 01 Jul 2017 05:30:28 +0000

An unsuccessful party ina lawsuit must file an appeal with an appellate court in order to have the decision reviewed. In the United States, appellate courts exist at both the federal and the state levels. On the federal level, decisions of the U.S.district courts, where civil and criminal matters are tried, can be appealed to the U.S. court of appeals for the circuitcovering the district court.” (Stewart, 2006) Honestly, I did not know what an appeal really was before reading this week’s lesson. I thought an appeal was a form filled out by a criminal who then argues their sentence in front of a judge. To some extent I realized that someone had to review the case to see if it was worth going back to court for. I researched a little into the process for filing for an appeal in New York State. “In general, the notice of appeal must be filed with the clerk of the court of original instance (CPLR 5515[1]), not with the Court of Appeals. In Workers’ Compensation and Unemployment Insurance matters, the notice of appeal to the Court of Appeals is filed in the Appellate Division, Third Department.” It is hard to say how we can make the appelate system more effective. I would say criminals should be educated on the system but, they have gone against laws to begin with. I think the best way to make appellate system is to educate criminals on the procedure and the requirements of filing out an appeal. It is something that should be of serious matter.

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How could the appellate system be made more effective?

Admin_Louis — Sat, 01 Jul 2017 05:29:58 +0000

The appellate system can manage caseloads more effectively by making sure cases are being reviewed and by simplifying the appeals process in one court. The judicial department should cut down on frivolous and implement stronger guidelines that will make it difficult to challenge trial court decisions due to small mistakes. Congress should focus on making legislation that will cut appeals process and find a way to reduce the buildup of appeals in the system.

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How could the appellate system be made more effective?

Admin_Louis — Sat, 01 Jul 2017 05:29:52 +0000

One of the main issues for the appellate system is the massive caseload and increased workload for state and federal judges. Statistics from the 1970’s show that the average growth rate is about nine percent per year, which represents a doubling of caseloads every eight years. To help with the massive case load appeals court could manage caseloads more effectively by ensuring the case is only heard in one court, change and implement stronger guidelines to force record, briefs, and expedite appeals time lines and manage delay reduction. Others methods that could help the appellate system become more efficient are increasing the court’s capacity by adding more judges or more staff, decreasing the amount of judge time spent on each case, and lowering the volume of appeals to the court.

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How could the appellate system be made more effective?

Admin_Louis — Sat, 01 Jul 2017 05:29:46 +0000

The appellate system, in some states, has taken steps in order to combat the caseload that seems to be ever growing. They have added more judgeships, added more appellate courts, they have assigned some judges from lower courts or retired judges, temporarily. They have started to expedite hearings, limit oral arguments and set time limits on those arguments, as well. Although this may help with their caseload, it does seem to violate some constitutional rights (Allen, Latessa, Ponder, 2015). There seems to be an issue when it comes to adding retired or lower courts judges, they have very little if any appellate court experience and are less likely to provide appellate decisions. One way the appellate system may be more effective is to hire staff aides, they are cheaper than judges and do not require a large office. They could add a “Special Court of Appeals” like they did from 1848 to 1928 in Virginia, it was made of of trial judges and took care of the backlogged cases (Marvell, 1982). The judge may even decide, where the law allows, to give an oral decision rather than a written one and give no reason for their decision (Marvell, 1982).

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