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  • So now we begin our discussion about

  • Federal courts of appeals. Federal court of appeals also known as circuit courts are

  • the second tier -- so here's the first; here's the second tier -- in the federal

  • court system.

  • Federal courts of appeals only have appellate jurisdiction ... only have

  • appellate jurisdiction. Appellate jurisdiction means that they only hear

  • cases that are on appeals. They only hear appeals cases. In other words, they don't

  • have original jurisdiction. Cases never originate at federal courts of appeals.

  • Federal courts of appeals hear cases usually that are appealed from federal

  • district courts, and once a case is appealed to a federal court of appeals,

  • there is no longer a question of criminality involved. In other words,

  • someone is accused of violating a federal criminal statute; say someone is

  • accused of robbing a bank, and that person is tried in a federal district

  • court, and the person loses and is convicted of breaking a federal

  • criminal statute. That person and his or her attorney believed that their

  • constitutional rights are somehow violated -- say they believe that they

  • didn't have an unbiased jury because one of someone's constitutional rights if

  • they've been accused of a crime is to have an unbiased jury, and this person

  • believes that they didn't have an unbiased jury, so what they can do is...

  • they can appeal to the second tier. That's a federal court of appeals, but

  • the question that that court would be answering would have nothing to do with

  • whether or not this person robbed the bank. That's what I mean

  • when I say, there's no longer a question of guilt or innocence. Whether

  • or not this person robbed the bank is not in the question at. It's not part

  • of the legal question that's being answered. What's being answered is whether or not

  • this person received a fair trial at the Federal Court of Appeals. So the question

  • is specifically in this example,

  • "Did this person or rather was the jury at this person's trial impartial or was

  • it biased?" And so that's the question that the federal court of appeals will

  • be looking to answer, not whether or not this person is guilty or innocent.

  • What does this mean? It means that at federal courts of appeals,

  • there is no new evidence introduced because this person's guilt or innocence

  • is no longer a question, so there's no evidence that's introduced.

  • There's no witnesses called to the stand. The process at an appeals court is much

  • different than the process at a trial court. What happens in appeals courts,

  • including the United States Supreme Court, is lawyers stand up and present

  • their case to a panel of judges usually three or five judges. At the Supreme

  • Court it's nine justices, but a lawyer stands up and appeals to a bank of

  • judges and argues their case and the judges ask questions of the attorney -- we

  • say that it is conversational in tone. There's not the same sense of high drama

  • that might take place at a trial court, so at federal courts of appeals,

  • there's no new evidence that's introduced; they only have appellate jurisdiction;

  • they only hear cases on appeals; and those appeals are looking to ask rather

  • looking to answer questions like, "Was this person's civil

  • liberties or civil rights somehow violated?" They're not looking to answer

  • the question whether or not this person is innocent or guilty of the crime that

  • they were convicted of in the lower court. Again, I know that this is likely

  • some concepts that you haven't heard of before or thought about before, so as

  • you know, you can always email me with further questions. OK? Talk to you soon

  • about United States Supreme Court -- my favorite. Ok, bye!

So now we begin our discussion about

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B1 中級 美國腔

聯邦上訴法院 (Federal Courts of Appeals)

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    Amy.Lin 發佈於 2021 年 01 月 14 日
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