Dino

  • May 2020
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Functions of Court of Appeals Like most high-volume intermediate appellate courts, the primary function of the Court of Appeals is to correct errors that occurred at the circuit court level. The published opinions of the Court are binding precedent until overruled by the Supreme Court, and the Supreme Court has recognized that the Court of Appeals has a "law defining and law development" function. Cook v. Cook, 208 Wis. 2d 166, 188, 560 N.W.2d 246 (1997). Any citizen may appeal a final judgment or order of a circuit court. Appeals of non final judgments or orders (those that do not end the litigation) are accepted at the Court's discretion. The Court generally sits in three-judge panels to decide the merits of an appeal. Several categories of cases, however, are decided by a single judge: • • • •

small claims actions municipal ordinance violations traffic regulation violations mental health, juvenile, contempt and misdemeanor cases

The Court of Appeals issues a written decision in every case. The Court's publication committee determines which decisions will be published. If a decision is published, it may be cited as presidential authority. No testimony is taken in the Court of Appeals. The Court relies on the circuit court record and the written briefs of the parties. The Court hears oral argument when the judges feel it would be beneficial to their decision. The Court's procedures can be found in Chapter 809 of the Wisconsin Statutes.

function of Interior Court Interior Department systems "necessary for protection against fires or other such threats to life, property or national security may remain connected."

Function of Supreme Court The Supreme Court has two fundamental functions. On the one hand, it must interpret and expound all congressional enactments brought before it in proper cases; in this respect its role parallels that of the state courts of final resort in making the decisive interpretation of state law. On the other hand, the Supreme Court has power (superseding that of all other courts) to examine federal and state statutes and executive actions to determine whether they conform to the U.S. Constitution. When the court rules against the constitutionality of a statute or an executive action, its decision can be overcome only if the Constitution is amended or if the court later overrules itself or modifies its previous opinion. The decisions are not confined to the specific cases, but rather are intended to guide legislatures and executive authority; thereby they mold the development of law. Thus, in the U.S. governmental system the Supreme Court potentially wields the highest power. The Supreme Court, however, has found many constitutional limitations on its powers, and has voluntarily adopted others so as not to interfere unduly with the other branches of government or with the states. Though there are some notable exceptions, the court has a standing policy of eschewing political disputes, i.e., issues that are considered to be policy matters of legislative or executive authorities. In 1962 the court, over protests that it was entering a “political thicket,” ruled in Baker v. Carr that the legislatures of several states must correct imbalances in representation between rural and urban areas. The court rarely attempts to infringe upon the power of the President over foreign affairs. Selfimposed restraints, observed only intermittently, include consideration of a constitutional issue only if the case cannot be considered on other grounds, and the formulation of constitutional decisions in the narrowest terms.

MANDATE OF THE SANDIGANBAYAN “SEC. 5. The Batasang Pambansa shall create a special court, to be known as Sandiganbayan, which shall have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.” (Art. XIII), 1973 Constitution. “SEC. 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.” (Art. XI), 1987 Constitution.

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