Any case review prompted by the need for an appeal (i.e., the fact that the litigants lost the decision at a lower state level) now must rest on several; questions: First and foremost, is there justification for an appeal? In that sense, was there either a mistake made by the judge’s ruling? Did another precedent occur that would have changed the verdict? Was there impropriety in handling the case? And, most important of all, is the case such that it can be transferred from a state to a federal jurisdiction?
The courts’ set up now indicates that most day-to-day lives are governed by state statutes and regulations, and the great majority of disputes end up, and are adjudicated in state courts.. This was obviously the case here. The question concerning the appeal, therefore, is whether the matter and the reason for the initial filing of the case, is about a subject that is both state and federally- regulated. One cannot appeal to the federal court system merely because one has failed at the state level. Research has shown, for example, that a decision by a state court in one state may not be applicable in another. So, if this case concerns matters that cross state lines, then obviously the federal courts may be involved in the appeal process. Federal courts’ jurisdiction is over cases that involve the fed4eral government, the U.S. Constitution or federal laws, or controversies between states or between the U.S. government and foreign nations. So, primarily, before proceeding to a federal court appeal- does this particular case fall into one of these categories?
If one question to be answered is jurisdiction for the appeal, another question is the cost, and the probability that the appeal will be heard. While filing fees for appeals may not be expensive (to file a certiorari for the U.S. Supreme Court costs only $300) the various costs for legal fees- attorneys clerks, paralegals for research, etc. can mount rapidly. So, one needs to make a decision whether the cost involved is worth the risk. Statistics prove that the U.S. Supreme Court- recipient of thousands of appeals annually, normally hears only about 100 or less during any given calendar year. So, we are faced with (a) jurisdiction, (b) costs, and (c) risk of not being heard on appeal,. Not to mention the time line between appeal, preparation, and either acceptance or rejection (rejection in the form of letting a lower court’s decision stand or simply not accepting the case at all).
Of course, once the decision has been made to move forward, the information needed- such as scheduling, is all in the hands of clerks of the various courts. Often, the courts- both state and federal- have websites which can be accessed. The primary administrative responsibility for each court is the clerk of court. He (or she) manages the court’s non-judicial functions, in accordance with policies set by the court. The clerk reports directly top the court through the chief judge. Among the clerk’s duties are (1) maintaining records and court dockets, (2) paying all fees and fines, costs and other monies collected, into the proper U.S. Treasury accounts, (3) administering the jury system of the court, (4) providing court reporters and, where needed, interpreters, (5) sending out court summons and other court notices, and (6) providing whatever support services are needed in the courts. This might include control of visitors, bailiff shifts, other security measures, etc. In other words, most information- especially when it comes to scheduling and the names of judges and location of court buildings and rooms, is funneled through the clerk of the court.
We next need to look at two efforts in an appeal. First, to research and locate (if possible) either legal precedent or some problem with the lower court decision that would make the appeal possible and winnable. Second, assuming the appeal goes forward, research would be needed to bolster the reason and legal precedents for that appeal. This will require law library research, usually performed by paralegals. Their task is to find proper precedents- cases similar to the one on appeal, where the decision is the same as the litigants in this matter expect to receive upon appeal.
The Internet now has made it far easier to follow specific cases, to learn more about recent court calendars and decisions. Sometimes, instead of spending hours in a law library hunting down one legal document or volume after another, much of the required information is now accessible on various websites. The Supreme Court has a website. So does each of the U.S. District courts. One can find law library information on the web. One, for example, can give information about every Supreme Court case since 1873.
There are two primary search engines on the internet which make searches so much easier: www.Google.com and www.yahoo.com In each case, one simply prints the subject matter in the provided blank space and then presses the SEARCH button. For example, type in “Appeals Process for U.S. Supreme Court”.. The first choice is “CHART DEPICTING THE PROCESS FOR THE U.S. SUPREME COURT” One can see the chart clearly. And, there is a means to access this site directly: www.usdoj.gov/usao/eousa/kidspage/appealchart.html .
The appeals process is lengthy and costly, and time consuming. Therefore, in assessing the need and desire to appeal, all these variables will have to be taken into consideration: Is the appeal likely to be accepted at the lower and then the Supreme Court level? Is time of the e4ssence? Is there a problem with budget? Can sufficient precedents be found that will support changing the decision upon appeal? In other words, can the appellant show that the trial court or administrative agency made a legal error that affected the decision in court? Appeals are heard by three-judge panels and are submitted in writing. Only certain cases before appeals and Supreme Court are then selected for “oral argument. In about 15 minutes, a structured appeal is made. If careful research proves some judicial error in a lower court, chances are the appeal will be upheld.. That is why research- either on the web or in the law library is crucial.
