Deck 21: Appeals

Question 1

Define
en banc hearing

Answer 1

An appellate court hearing in which all of the judges of the court participate.

Question 2

Lawyers for the appellant and appellee may stipulate that certain parts of the record may be omitted for the appeal as unnecessary.

Answer 2

True

Question 3

In which of the following cases is the United States Supreme Court not likely to grant an appeal?

A) The case involves a substantial amount of money or property in question.
B) The case involves a relatively small amount of money but there is a split of authority among the circuit courts of appeal concerning the manner in which they resolve the issue.
C) The case presents significant questions under the United States Consti- tution.
D) The case involves issues that are of general importance to the nation's social structure or economic structure.

Answer 3

A

Question 4

The parties have no veto power over a motion for leave to file an amicus brief.

Question 5

A party appeals to the United States Supreme Court by petitioning the
Supreme Court for notice of appeal.

Question 6

The notice of appeal must be filed with the clerk of the federal district court within days after the date on which the judgment was entered.

A) 10
B) 20
C) 30
D) 90

Question 7

Costs are always awarded to the prevailing party.

Question 8

Anybody is entitled to file an amicus brief.

Question 9

If necessary, a reply brief may be used to advance new issues or new arguments.

Question 10

The appellant has days in which to prepare the appellant's brief after the original record is transmitted to the appellate court. The Rules allow the appellee days in which to reply to the appellant's brief.

A) 30; 30
B) 30; 40
C) 40; 30
D) 40; 40

Question 11

Define
writ of prohibition

Question 12

Define
amicus curiae

Question 13

Define
remand

Question 14

Define
supersedeas bond

Question 15

What are the two factors that must exist to successfully prosecute an appeal?

Question 16

The types of errors which may occur at the trial court level and provide grounds for an appeal include all but which of the following:

A) error in the trial court's procedures.
B) the trial court's misstatement of the law.
C) the trial court's misapplication of the law.
D) the jury should have reached a different verdict because the jury appar- ently believed the wrong evidence.

Question 17

Define
writ of mandamus

Question 18

A party has the right to appeal from a federal district court judgment to any of the circuit courts of appeal.

Question 19

The appellant is not permitted to appeal a verdict on the grounds that the verdict is unfair or unreasonable.

Question 20

An appellant initiates an appeal by serving and filing a writ of certiorari.

Question 21

What may the appellee do if he or she wishes to have portions of the trial transcript included in the appendix to appellant's brief that the appellant does not intend to include?

Question 22

What are the grounds for filing an amicus curiae brief?

Question 23

How does the United States Supreme Court decide whether it will review a case?

Question 24

What is included in the contents of a typical "appendix to appellant's brief "?

Question 25

When a party receives an adverse appellate court decision and it appears from the court's opinion that the court has overlooked some controlling fact or
legal issue, what steps, if any, may the losing party take?

Question 26

If an appellate court determines that there was error in the trial which preju- diced the outcome of the case, what remedies can the court provide?

Question 27

How does a remand differ from a reversal?

Question 28

Why would a person who is not a party to a suit be inclined to involve himself or herself in an appeal of that case by filing an amicus brief?

Question 29

What are the principal limitations on an appellant's reply brief?