Exam notes essay

Trial court end at the rendering of the top and Appeals must be filed within a timely manor, no set time because various jurisdictions have different times In filing an appeal the appellate is asking a court of appellate jurisdiction to review and decide the previous court case What has to be filed in order to have a proper filing of appeal 1) Filed a notice of appeal Telling the court you want to appeal 2) There must be a record submitted Transcript of pleadings, motions, hearings, and the actual trial, and must include any judgments and any side rulings made by the side court 3) Then here is submitted by the appellate and the appellate are briefs and these briefs outline the legal arguments that supports requests and set aside judgment and Briefs Outlines legal arguments and set aside judgment for the appellate that it not set aside previous ruling Once the briefs are filed will schedule an oral argument at which counsel for both parties will have an opportunity to briefly outline their decisions and answer questions from the court.Types of rulings Type 1 – to affirm the trial courts ruling Type 2 – reverse (trial court made a mistake) and remand (sent back to trial rout) Type 3 – reverse (trial court made a mistake) and render (overrides trial court but substitutes a ruling) Person who loses can appeal even further and eventually appeal to the supreme court Article 4 – the constitution is know or contains the privileges or immunity’s clause Citizens of each state shall be entitled to the rights of the several States Also includes the full face and credit clause Requires that all 50 states allow access to No state can deny anything from a citizen born in another state Must be recognized by all states Legislate branch ? congressDefine jurisdiction of judiciary Pass even though veto Must confirm judiciary Judicial branch – supreme court Has power to void Executive branch – president appoint members of judiciary veto any law to him Government set up on trio party arrangements – 3 branches set up to check each other Commerce clause – found in article 1 section 8 congress has ability to regulate business with 1) among the States 2) with the Indian tribes 3) Foreign nations 4) Intrastate commerce Congress can take over All the states have what’s known as police powers – states have the right to jugulate private activities in order to protect or promote public order, public health, public safety, public morals, and the general welfare Federal Government is creation of the states When state regulations impinge on interstate commerce the courts must balance the courts ‘ State laws that are Article 6 section 2 of constitution Includes the supremacy clause- constitution is the supreme law of the land. Doctrine of preemption – courts can check if federal law preempts laws at the state or local levels that conflict with federal law Article 1 section 8Empowers congress to lay and collect taxes Further requires that taxes shall be uniform throughout the united states Congress cannot tax south Carolina and put a different tax on Michigan Also empowers congress to pay the debts of America, provide the common defense for America, and the general welfare of the government TO tax and spend is called – power of the purse string First in the amendments of the constitution is called bill of rights Bill of rights – is a Also does more then simply recognize natural purses also protects legal urges Corporations, sole proprietorship are legal purses 14th amendment – no state shall make or enforce any law that may abridge the citizens Nor deny any person within its jurisdiction equal protections of the law Must adhere to the bill of rights Amendment 1 – freedom of religion, speech, and press.

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