Asked by Emmanuel Rojas on May 17, 2024
Verified
Assuming DeShaun eventually ends up at the appellate level, is he entitled to a jury at the appellate level?
A) No, jurors are not used at the appellate court level.
B) Yes, but only if he had a jury first at the trial court level.
C) Yes, if he satisfies the requirements to initially bring the case in appellate court, he is entitled to a jury.
D) Yes, but only if the employer agrees to a jury.
E) Yes, because appellate courts decide questions of fact while questions of law are decided at the trial court level.
Appellate Court Level
The judicial tier where appeals are reviewed, often involving the reassessment of legal decisions made by lower courts.
Jury
A group of citizens convened to render an impartial verdict (a juried decision) in a legal case, based on the evidence presented to them during a trial.
Trial Court
The court where a case is originally tried, involving the examination of evidence and the determination of factual questions.
- Understand the constraints associated with appellate scrutiny, especially in terms of which decisions can be appealed and the presence of juries in appellate courts.
Verified Answer
AQ
Alberto QuesadaMay 23, 2024
Final Answer :
A
Explanation :
Appellate courts review decisions made by lower courts and do not use juries. They primarily deal with questions of law, not questions of fact, which are the domain of trial courts where juries are used.
Learning Objectives
- Understand the constraints associated with appellate scrutiny, especially in terms of which decisions can be appealed and the presence of juries in appellate courts.