THE APPELLATE PROCESS
Ms. Sonty
American Government
September 10th, 2014
Do Now…
Look at the text of Article III, Section 1 of the U.S.
Constitution below. Then, answer the questions that
follow.
“The judicial Power of the United States, shall be vested
in one Supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish.”
1. What is the Supreme Court of the United States?
2. Why is it important that we have a Supreme Court?
3. What sorts of cases does the Supreme Court hear? If you don’t know, list a few
cases or topics that you have heard about in the news
Today’s objectives
• SWBAT articulate the process of appealing a
decision through appellate court system at
the state or federal level
– What does “articulate” mean?
• SWBAT describe and explain the reasons
why someone might appeal a trial decision
The Supreme Court & The Appellate Process
• The U.S. Constitution provides for the country to
have a Supreme Court
• The Supreme Court is a judicial body of 9
members that is the highest appellate court in
the country
• An appellate court is a court that accepts or
rejects the decision of another court’s decision,
made by a different judge
• When you don’t like a judge’s decision, you have
the right to appeal the decision, asking another
court to decide whether that decision was right
Review of Prior Knowledge:
What happens at a Trial?
1. A person is accused of breaking a criminal or civil law
2. At the trial, the government or the person who is
accusing another of breaking a law presents a case with
their attorney as to why that other person broke the law
3. Then, the court allows the accused person and their
attorney to put on a case to say they did not break the
law
4. Either side may use witnesses or evidence to prove their
case
5. The judge makes a decision – usually in favor of one side
or the other
The Process of an Appeal: Ohio
• Someone remind me…what does it mean to
appeal?
• There are three levels of courts in Ohio
• Trial courts: In Ohio, trial courts are at the
county-level. If you want to appeal the decision,
you move up to the…
• Ohio District Courts of Appeal: intermediate
appellate court districts that cover multiple
counties. If you will want to appeal, there is
always the…
• Ohio Supreme Court: covers the entire state
The Process of an Appeal: Federal
• There are also three levels of federal courts
• Federal District Courts: Federal trial courts cover
certain geographic regions (i.e. Southern
District of OH, Western District of PA, etc.).
Then, you can appeal to the…
• Federal Circuit Courts of Appeal: Intermediate
federal courts of appeals are over several
federal districts. Finally, as a last resort, you can
appeal to the…
• U.S. Supreme Court: One court to rule them all
(court of last resort)
How do I know Which Court I Want?
• Different courts have different jurisdictions, or
categories of cases that they are allowed to hear
• State courts have jurisdiction over state law and
the U.S. Constitution.
• Federal courts have jurisdiction over federal law
and the U.S. Constitution.
• The U.S. Supreme Court is the ultimate decider
of constitutional questions. The Supreme Court
can overrule state courts, but only on federal or
constitutional questions.
Why Might Someone Appeal?
• On appeal, you must show that the trial court
committed some sort of error.
• These can be errors of:
– Fact, Law, Application of law to facts, Procedure
• The record is the collection of testimony, evidence,
exhibits, and arguments made to the trial court.
• The appellate court can only consider what’s in the
record
An Example
• State law provides that “No person shall have a little
lamb. Any person that violates this section shall be
guilty of a felony of the first degree punishable by 5-7
years of incarceration.”
• Mary is convicted by the trial court of having a little
lamb in violation of state law.
• Mary wants to appeal, what can she do?
Mary’s Record
• In Mary’s case, the record includes a newspaper article
with a picture of her with a little lamb. It also includes
the testimony of a neighbor who said he saw her with a
little lamb. The record also includes the lawyer’s legal
arguments.
On Appeal
• Mary wants to bring a new witness to the
appellate court to say that the lamb was actually
a small cow. Can she?
• Mary wants to bring the lamb to the appellate
court so that they can see that it’s not little. Can
she?
• In the appellate court Mary wants to raise the
argument that she has a constitutional right to
have a little lamb. Can she?
Fact Errors
• The trial court was mistaken about a particular
fact.
• Example: The lamb was six months old so it was
actually a sheep.
• The evidence was not sufficient.
• Example: A newspaper clipping and one witness
was not sufficient to prove ownership of a lamb.
• The evidence did not have enough weight.
• Example: The witness hates Mary and lied.
Errors of Law
• The trial court misinterpreted the law.
• Example: The words “have a little lamb” in the law actually
mean “to eat a small serving of lamb.”
• The trial court applied the law in a way that violates a
constitutional right.
• Example: Article 52 of the Ohio Constitution guarantees the
right of each citizen to own a little lamb.
• The trial court failed to follow controlling decisions of a
higher court.
• Example: In the case of Wallace v. Gromit, the Ohio Supreme
Court held that Ohio law cannot limit people from owning
juvenile livestock.
Errors of Applying Fact to Law
• On appeal, a person can argue that the trial
court understood the law correctly but that
the facts at trial don’t match the law.
– Example: Mary agrees that it is illegal to own a
little lamb but argues that the facts at hearing
show that she owned a big lamb.
Procedural Errors
• On appeal, a person can argue that the trial
court itself failed to follow the proper
procedures and that this failure negatively
affected the person.
• Example: The trial court allowed an expert
witness to testify that Mary’s animal was
actually a lamb but that person was not
qualified to give that opinion and should not
have been allowed to testify.
State or Federal Court?
• How should Mary appeal?
• Remember, she is accused of breaking a state
law, so her original trial was heard in a trial
court
• Mary is appealing to the Ohio District Court of
Appeal
• What if she has reasons to dislike the decision
from that court?
• Mary would appeal to the Ohio Supreme Court
Independent Practice
Read the scenario on your worksheet and answer
the following questions on a separate sheet of
paper and save it for your entrance ticket tomorrow
1. List at least three errors that the court made that
justify an appeal and classify what kind of errors
they are
2. What trial court do you think this case was heard
in, and to what court will it be appealed?
Exit Ticket
1. List the three levels of Ohio courts
2. List the three levels of Federal courts
3. What is the difference between “mistake of
fact” and “mistake of law?”
Don’t forget to bring your independent
practice in tomorrow as your entrance ticket!