Why Now?
Thursday, October 06, 2005
  The Courts - A Short Course
There are basically two different kinds of courts in the US: Trial Courts and Appellate Courts.

A trial court is venue at which the Facts are established. It is the lowest level of courts and the beginning point of all legal disputes. This is the one and only time that the facts are subject to scrutiny.

The Appellate Courts deal with the law and procedures in a case.

You cannot appeal a conviction because you are innocent, if a trial court has ruled you are guilty, you have to show that there was an error in the interpretation of the law or the procedures used in the trial. Appellate Courts don't review the facts in a case beyond determining whether those facts were legally obtained.

This difference becomes important when you are looking at qualifications for judges. Just because someone is a good lawyer or a good trial court judge is not predictive of how they will perform as an Appellate Court judge.

The Supreme Court is only bound by the Constitution. While they talk about stare decisis, the Supreme Court is not obligated to abide by previous decisions. The Supreme Court is the most cerebral of courts and the least practical. The justices' intellectual world is a construct based on a document written over two hundred years ago in a language that has undergone many changes. This is environment that is not kind to apprentices, nor to intellectual pretenders.


<< Home

On-line Opinion Magazine featuring annoyed rumblings from the leading edge of the Baby Boom firmly tied to a reality-based world.

A press entity IAW: FEC AOR2005-16

Established: 21 November 2004

My Photo
Location: Cinco Bayou, Florida


bryan at dumka dot com

My Military

West Florida

Home on the 'Net

Previous Editions
November 2004 / December 2004 / January 2005 / February 2005 / March 2005 / April 2005 / May 2005 / June 2005 / July 2005 / August 2005 / September 2005 / October 2005 / November 2005 / December 2005 / January 2006 / February 2006 / March 2006 / April 2006 / May 2006 / July 2006 / November 2006 /

The presence of those seeking the truth is infinitely to be preferred to the presence of those who think they've found it.

Terry Pratchett

Disaster Assistance

Red Cross

Salvation Army

Noah's Wish

Friends Disaster Service

Habitat for Humanity

Legislature in Session

Click for Fort Walton Beach, Florida Forecast

On-Line Magazines

Alley Cat Allies
All Hat and No Cattle
Roger Ailes
The American Street
And Then...
Baghdad Burning
Bark Bark Woof Woof
Beast of Sound
Michael Bérubé
Beaumont Enterprise
Blog Amy
Blonde Sense
Bohemian Mama
President Boxer
A Brooklyn Bridge
The Carnival of Bad History
Wes Clark
Collective Sigh
Culture Ghost
Cute Overload
The Daily Howler
The Daily Kitten
Dark Bilious Vapors
Democratic Veteran
Dependable Renegade
Dohiyi Mir
Easter Lemming
Echidne of the Snakes
Elayne's Journal
Exit Stage Left
Facing South
Fanatical Apathy
First Draft
The Fulcrum
General J. C. Christian
Bob Geiger
Grumpy Forester
Gulf Coast Progressive
Ignorant Hussy
Informed Comment
Interstate 4 Jamming
The Invisible Library
It's morning somewhere
Molly Ivins
Just a Bump in the Beltway
Ezra Klein
Lab Kat
Lean Left
Legal Fiction
The Liberal Coalition
The Liberal Oasis
Madeleine Begun Kane
Main and Central
Make Me A Commentator
Making Light
MercuryX23's Fantabulous Blog
The Modulator
Morning Martini
Musing's musings
National Archives
The News Blog
No More Mister Nice Blog
Nuke Free Zone
Old Fashioned Patriot
Olduvai George
1 Boring Old Man
On This Day
Open Source Politics
Opinions You Should Have
The Otter Side
Outside the Tent
Out, Standing in Her Field
Pacific Views
Pensacola Beach Blog
People's Republic of Seabrook
Political Animal
August J. Pollak
Rittenhouse Review
Rook's Rant
Rubber Hose
Rugo's Rambling
Ruminate This
Sadly, No!
Seeing The Forest
Shakespeare's Sister
Sisyphus Shrugged
skippy the bush kangaroo
Suburban Guerrilla
That Colored Fella
3 Old Men
The Times-Picayune
Unclaimed Territory
Under the News
Joel Veitch
Vestal Vespa
Voice of a Veteran
War and Piece
Whiskey Bar
Oliver Willis
Trish Wilson
James Wolcott
Words On A Page
World O' Crap
WTF is it now?
Yellow Doggerel Democrat


Operation Yellow Elephant

August J. Pollak

Howard speaks for me

Get the Brand Democratic gear

Click to Feed a Friend

Get the Firefox browser

Ad-Aware SE


Flying Spaghetti Monster

Weblog Commenting and Trackback by HaloScan.com

Blogger Buzz

Blogger Status

Powered by Blogger