NCJ Number
15711
Date Published
1968
Length
95 pages
Annotation
SURVEY OF THE FUNCTION, ORGANIZATION AND JURISDICTION OF STATE INTERMEDIATE APPELLATE COURTS.
Abstract
AMONG THE NINETEEN STATES WHICH ARE USING AN INTERMEDIATE APPELLATE COURT SYSTEM, IT IS DIFFICULT TO POINT TO MANY STABLE PATTERNS OF UNIFORMITY IN STRUCTURE, FUNCTION OR JURISDICTION. ONE OF THE FEW COMMON PATTERNS OCCURS IN THEIR INITIAL ORGANIZATION. STATES HAVE EITHER ORGANIZED THEIR INTERMEDIATE COURT ON A REGIONAL BASIS DIVIDING THEIR COURT INTO A NUMBER OF DIVISIONS, DISTRICTS, CIRCUITS OR DEPARTMENTS, OR THEY HAVE ORGANIZED IT AS ONE CENTRAL COURT WHICH MAY SIT IN ONE OR MORE LOCATIONS THROUGHOUT THE STATE. POWERS AND JURISDICTIONS OF THE STATE INTERMEDIATE COURTS VARY AS WELL. MOST OF THE COURTS ARE ORGANIZED TO RECEIVE APPEALS FROM THE COURTS OF INFERIOR JURISDICTION AND IN DOING SO OFTEN ACT AS THE COURT OF FINAL APPELLATE JURISDICTION FOR THEM. YET ONE FINDS THAT THIS FINAL JURISDICTION GENERALLY CONCERNS CASES OF MINOR IMPACT. MOST OF THE INTERMEDIATE COURTS IN ADDITION TO THE HIGHEST APPELLATE COURTS, HAVE POWER AND AUTHORITY TO ISSUE VARIOUS WRITS. GROUNDS FOR JUDICIAL DECISIONS OFTEN DIFFER. CERTAIN INTERMEDIATE COURTS, FOR INSTANCE, HAVE JURISDICTION TO DECIDE APPEALS ON THE GROUNDS OF FACTS AS WELL AS LAW AS IN THE CASE OF LOUISIANA'S INTERMEDIATE COURT. IN CALIFORNIA, HOWEVER, THE INTERMEDIATE COURT MUST DECIDE QUESTIONS ONLY ON THE BASIS OF LAW. THE APPENDIXES REPRODUCE THE STATUTORY PROVISIONS WHICH AUTHORIZE INTERMEDIATE APPELLATE COURTS AND GIVE STATISTICAL RESUMES OF SOME STATES HIGHEST AND INTERMEDIATE APPELLATE COURTS. (AUTHOR ABSTRACT)