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Exam 16: Appellate and Habeas Corpus Review

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Question 41

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In appeals, questions of fact are review de novo.

A) True
B) False

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Question 42

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What is an amicus curiae brief?

A) a friend of the court brief
B) an appellate brief
C) a request for the U.S.Supreme Court to hear an appeal
D) a request for a state high court to hear an appeal

E) None of the above
F) A) and C)

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Question 43

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Questions of fact are reviewed for _____ error.

What is the name of the situation where a case is heard by all the judges on the appellate court?

Discuss the nature of appellate review. Specifically, discuss the functions of appellate courts and the scope of appellate review.

Judge who disagree with the majority opinion in an appeal may write a dissenting opinion.

When lawyers think an error is being made at trial, they must object in order to give the trial court _____ the opportunity to correct the error.

When a jury imposes a sentence of death, the case must be appealed regardless of the defendant's wishes.

Discuss the customary steps that must be taken to file an appeal and explain how the appellate practice differs from trial work.

A court that has a choice as to whether or not to hear the appeal is said to have what kind of appellate jurisdiction?

Defects seriously affecting substantial rights that are so prejudicial to a jury's deliberations "as to undermine the fundamental fairness of the trial and bring about a miscarriage of justice" are called

The party who initiates or files the first appeal is called the _____.

Which of the following is a primary purpose of the appellate process?

What are the leading causes of most wrongful convictions? What has been done to attempt to remedy these causes of wrongful convictions?

Appeals courts approach appellate decision making in different ways, depending on the types of questions presented for review on appeal. Sometimes appellate courts are very deferential to what happened in lower courts, while other times they give no deference at all. How much deference or scrutiny an appellate court will afford to the decisions of a judge, jury, or administrative agency in an appeal is referred to as the standard of review. -Discretionary decisions made by a judge will receive what kind of deference in the appellate review process?

All errors are subject to the harmless error rule except plain errors.

Unlike trial courts, appellate courts do not hear _____ at trials.

What U.S.Supreme Court era is known for being a benchmark in civil liberties and civil rights?

Define, compare, and contrast plain error, reversible error, and harmless error.

Criminal appeals are generally routine because they seldom raise meritorious issues (Primus, 2007; Wold & Caldeira, 1980) . Current standards of effective assistance of counsel often force lawyers to appeal, no matter how slight the odds of appellate court reversal. As a result, a significant number of criminal appeals lack substantial merit. For example, of the roughly 5,125 written dispositions in criminal appeals filed by defendants in the California Court of Appeals in 2010, the court reversed only 226 (4%) convictions (Judicial Council of California, 2011) . Why do criminal appeals rarely succeed? First, the appellate standards of review applicable to most decision-making during criminal trials are highly deferential to trial court outcomes (Primus, 2007) . Second, appellate courts often find that no reversible error was committed during the trial court proceedings. -Given the information provided, which of the following statements is true?