7.6. The Appeals Process, Standard of Review, and Appellate Decisions

In the appeals process, what is the term for the party who lost in the last court and is petitioning the next level court for review?

What type of appeal can the government file in a criminal matter before the case is tried, for instance, regarding a decision to suppress evidence?

What is the primary function of appellate courts in routine appeals?

Appellate courts perform two dual functions in the criminal process. What are they?

How many judges typically sit on an appellate panel to hear a case?

What is an amicus curiae brief?

If an appellate court finds that a trial error did not affect the outcome of the case and upholds the lower court's decision, what action has it taken?

What is the standard of review that an appellate court applies to a trial court's decision on a factual matter?

Why do appellate courts give great deference to a trial court's findings of fact?

What standard of review allows an appellate court to substitute its own judgment for the trial court's on questions like the interpretation of a statute?

A trial judge's decision on whether to allow a party to file documents late would be reviewed by an appellate court under which standard?

Under what circumstances may an appellate court correct a 'plain error'?

What is a 'majority opinion' in the context of appellate decisions?

An appellate judge agrees with the outcome of a case but disagrees with the legal reasoning used by the other judges to reach that outcome. What type of opinion would this judge likely write?

What is the key characteristic of a 'plurality opinion'?

What is a 'per curiam' opinion?

What is required for an appellate court to issue an order of reversal?

When an appellate court reverses a case and requires a new trial where the error will not be repeated, what is this action called?

What is the essence of the 'standard of review' in the context of appeals?

Which of the following would be an example of a situation where an appellate court reviews a trial judge's ruling for 'abuse of discretion'?

According to the text, what is the 'procedural history' of a case?

What does it mean for an appellate court to affirm a decision 'without an opinion' (AWOP)?

A case that presents both factual and legal issues is known as a mixed question of law and fact. How are these cases generally reviewed by an appellate court?

What must an appellant show for a lower court's judgment to be reversed?

Which statement accurately describes a 'dissenting opinion'?

The government is generally prohibited from appealing a jury's decision of acquittal. This means most criminal appeals involve what type of defendant?

What does the 'arbitrary and capricious' standard mean in the context of reviewing a trial court's decision?

According to the text, a trial court is considered to have abused its discretion when it does which of the following?

What is the typical time allotted for oral arguments by each party's attorney in an appellate hearing?

What is a key difference between the trial stage and the appellate stage of a criminal proceeding?

If two permissible views of the evidence exist, what is the appellate court's stance on the trial court's choice between them?

When reviewing mixed questions of law and fact, the standard of review turns on what controlling factor?

Which party files the 'reply brief' during the appeals process?

Appellate court decisions are based on what type of vote from the panel?

Generally, appellate courts will not correct errors that parties failed to complain about, with the exception of which type of error?

What does the text identify as a common feature of oral arguments in front of an appellate panel?

A judge writes an opinion agreeing with the majority's decision to reverse a conviction but provides entirely different legal reasoning for the reversal. This is an example of a:

If an appellate court determines that a defendant's behavior does not constitute a crime under state law, what is the likely outcome of the appeal?

The main purpose of a trial is to ensure a perfect, error-free process.

Which of the following is NOT a type of written opinion an appellate court might issue?

If a trial judge rests a decision on a clearly inaccurate view of the law, this could be considered what?

What is the key difference between the 'clearly erroneous' standard and the 'de novo' standard of review?

When an appellate court corrects a plain error, it is usually because the error led to what?

What is the primary content of the documents that appellate judges read before hearing oral arguments?

In most appeals filed in intermediate courts of appeal, what is the most frequent outcome?

A lawmaking function is performed by appellate courts when they do what?

If a defendant enters a guilty plea and then appeals, what is the only basis for the appeal?

What is the role of the 'respondent' in the appellate process?

An appellate court will NOT overturn a trial court's findings of fact unless it is convinced of what?

If not enough justices on a high court agree on the reasoning for a result, what type of opinion will be written that does not establish precedent?