Question 1

This is a settled matter that cannot be judged again.

Accepted Answer

Res judicata refers to a legal principle where a matter that has been adjudicated by a competent court and where the judgment is final, conclusive, and binding cannot be retried again. It means that the matter is settled and cannot be judged again.

Question 2

Which is a common due-process argument in appeals?

Accepted Answer

Flawed jury instructions is a common due-process argument in appeals as the Constitution guarantees a fair trial, and if the instructions given to the jury were wrong or incomplete, it can affect the outcome of the trial and violate the defendant's right to due process. The other choices are not valid arguments for an appeal.

Question 3

Who is the person who initiates an appeal?

Accepted Answer

Both terms can be used to refer to the person who initiates an appeal. The term "appellant" is specifically used in the context of appeals, while "petitioner" can be used in various legal contexts, including appeals.

Question 4

This is a panel of about three judges who listen to the same case.

Accepted Answer

A collegial court is a panel of judges who hear and decide cases together, typically consisting of three or more judges. The other answer choices, rule of four and full court, refer to different types of decision-making processes in other court systems. Full panel is not a commonly used term to describe a panel of judges.

Question 5

This is when the court rules that there was no serious constitutional violation in the trial and the conviction and sentence will remain in place.

Accepted Answer

This is known as an affirmation of the conviction and sentence, meaning that the court has upheld the initial decision and there will be no change.

Question 6

This is the right to initiate a legal action.

Accepted Answer

Standing is the legal concept that determines whether a party is entitled to initiate a legal action in court based on their sufficient connection to the matter being litigated. Without standing, a party cannot bring a legal claim, even if they believe they have been wronged. Therefore, the right to initiate a legal action hinges on having standing.

Question 7

Which is not a condition that must be met for a first appeal?

Accepted Answer

While A, B, and D are all conditions that must be met for a first appeal, proving that the defendant's attorney provided an inadequate defense is not always necessary for an appeal. This may be a potential argument for the defense, but it is not a strict condition that must be met.

Question 8

Because a defendant is granted only one _____, or mandatory appeal, such cases often argue multiple points of law because this may be the only chance to have them reviewed.

Accepted Answer

An "appeal by right" is a mandatory appeal granted to a defendant after a trial. Since this may be the only chance to have a case reviewed, multiple points of law often get argued.

Question 9

To _____ an issue for appeal means that the attorney must challenge during pretrial or trial the constitutionality of that part of the case.

Accepted Answer

To "preserve" an issue for appeal means that the attorney must raise and object to the issue during pretrial or trial in order to be able to appeal it later based on the argument that the issue violated the defendant's rights. This allows for the issue to be reviewed by a higher court for potential overturning of the lower court's decision. The other choices do not accurately describe the process of challenging the constitutionality of part of a case for appeal.

Question 10

This is another term specified in the text for a serious defect in a trial.

Accepted Answer

Plain error is a legal term used to describe a serious and obvious defect in a trial that affects the outcome of the case. It refers to an error that is clear, obvious, and affects the defendant's rights.

Question 11

This categorization scheme divides appeal cases based on the court's obligation and power to hear a case.

Accepted Answer

The mandatory-discretionary categorization scheme is based on whether the court is obligated to hear the appeal or has discretion to do so. Mandatory appeals are required by law, while discretionary appeals are heard at the court's discretion. This categorization scheme is commonly used in the United States, where some appeals are mandatory (such as appeals in capital cases) and others are discretionary (such as appeals to the Supreme Court).

Question 12

This categorization scheme divides appeals into appeals that come directly from a trial court after sentencing and appeals come either before the end of a trial or after other appeals have been attempted.

Accepted Answer

The categorization scheme described is distinguishing between direct appeals, which come after sentencing, and collateral appeals, which come either before the end of a trial or after other appeals have been attempted. This falls under the direct-collateral categorization system. The other options (mandatory-discretionary, intermediate court-high court-final court, and federal-state) do not accurately reflect the described categorization scheme.

Question 13

This categorization scheme identifies where on the chronological path the case falls.

Accepted Answer

This categorization scheme identifies the different stages in the legal process for a case. The pre-sentence stage involves the determination of the sentence, the direct stage involves the trial and the post-conviction stage involves appeals and other legal challenges.

Question 14

This categorization scheme separates cases based on their location in the court hierarchy.

Accepted Answer

This categorization scheme separates cases based on their location in the court hierarchy, with intermediate courts being the first level, high courts being the second level, and final courts being the highest level. This categorization is based on the appellate process and the level at which a case can be appealed. Direct vs. collateral categorizes cases based on their relationship to the defendant's conviction (direct challenges impact the conviction directly, while collateral challenges are related but not necessarily tied to the conviction). Mandatory vs. discretionary categorizes cases based on the requirement for a court to hear the case (mandatory cases must be heard, while discretionary cases may be heard at a judge's discretion). Pre-sentence, direct, and post-conviction categorizes cases based on their stage in the criminal justice process.

Question 15

This categorization scheme separates cases based on geographic jurisdiction.

Accepted Answer

This categorization scheme separates cases based on whether they fall under federal or state jurisdiction. The other choices are referring to different types of legal decisions or actions.

Question 16

These appeals require the court's permission to be heard.

Accepted Answer

Discretionary appeals require the court's permission to be heard. Appeals by right and direct appeals do not require permission and interlocutory appeals are appeals made during a trial and do not necessarily require permission to be heard.

Question 17

This appeal is made before or during a trial and seeks to clarify an important issue that may affect the case-in-chief and cannot effectively be addressed after the trial.

Accepted Answer

An interlocutory appeal is made before or during a trial and seeks to clarify an important issue that may affect the case-in-chief and cannot effectively be addressed after the trial. It is different from a direct appeal, which is made after a final judgment has been entered, and a collateral appeal, which is made in a separate proceeding that challenges the constitutionality of a statute or some other legal authority. An appeal by right is a type of appeal that is available as a matter of law, without the need for permission from a higher court.

Question 18

These appeals ask a state high court or the Supreme Court to review a possible error of law in the trial court and the intermediate court's ruling on it.

Accepted Answer

Certiorari appeals are specifically designed for higher courts to review lower court decisions for errors of law, including the decisions made by intermediate appellate courts. This process is commonly associated with the Supreme Court's review of cases.

Question 19

If the conviction and sentence have been affirmed on appeal and all other state options exhausted, the incarcerated person can still file a petition for this, as long as there is a new legal issue that was not settled in the direct appeals, and the federal court agrees to review it

Accepted Answer

A petition for habeas corpus allows an incarcerated person to challenge the legality of their detention, even if their conviction and sentence have been affirmed on appeal and all other state options exhausted, as long as there is a new legal issue that was not settled in the direct appeals and the federal court agrees to review it. A writ of certiorari is a request for the Supreme Court to review a lower court's decision, but is not applicable to all cases. A writ of en banc is a request for all judges on a court to hear a case, but is not applicable to a petition for habeas corpus. A petition for per curiam opinion is an order or decision issued without full explanation, but is not applicable to a petition for habeas corpus.

Question 20

In the Supreme Court, if four of the nine justices vote to accept a petition, it is accepted. What is this called?

Accepted Answer

This is called the rule of four, as it only requires four justices to vote to accept a petition.

Quiz 11: The Right to Appeal and the Appellate Process