Functions of law

Functions of law

Equality before law is the main function of law. This statement expresses the ultimate responsibility rested upon people in positions of power. Equality before the law is sometimes referred to as rule of law. It is therefore only appropriate that all people regardless of their social class, position of power or even race abide by these laid down rules. The constitution of any given country clearly defines how rules that govern a country are made. This ensures that no leader comes up with rules designed to suit his/her selfish interests. The United States constitution therefore protects the rights of its individual citizens. In the quest of promoting the common good, the law should provide prosecution as well as defence with equality in all cases, Klein (2002).

The United States Court of Appeals

The appellate court was established in 1891. The United States Courts of Appeals are the intermediate level appellate courts in the federal system. If either party to the litigation is not satisfied with a federal district court’s decision, it has the right to appeal to the Court of Appeal for the circuit in which that district court is located. The United States has in its structure thirteen Courts of Appeals also referred to as United States court circuit of appeals. Twelve of these courts, including the United States Court of Appeals for the District of Columbia, hear appeals from the federal district courts located within their respective judicial circuits. The Court of Appeal for the thirteen circuits is called the Federal Circuit Klein (2002).

According to Bardes, Shelley & Schmidt (2008), the U.S. Courts of Appeals assigns a three-judge panel to review decisions of the district courts within their circuits. The judges also review orders of federal administrative agencies when a party appeals the final decision of a regulatory agency. As a practical matter, because it is so difficult to obtain a review by the U.S. Supreme Court, the courts of appeals make the final decision in most cases.

According to Cases in the Court of Appeal (2008), when an appellate court reviews a case decided in a district court, the appellate court does not conduct another trial. Rather, a panel of three or more judges review the record of the case on appeal, which includes a transcript of the trial proceeding and determines whether the trial court committed an error. Usually, the appellate courts does not look at questions of fact such as whether a party did, in fact, commit a certain action but at questions of law such as is the offense committed protected by an amendment to the constitution? An appellate court will challenge a trial court’s finding of fact only when the findings are clearly contrary to the evidence presented at trial or when there is no evidence to support the findings.

As an independent gauge of their importance, it is assumed that the judges that form the court of appeal wish to do at least one, often more, of the following: Promote policies that are consistent with their policy preferences, reach decisions that are legally sound, maintain coherence and consistency in the federal law and limit the time spent deciding any one case.

Jurisdiction of the Court of Appeal

As stated in the American constitution, the Circuit division has the jurisdiction to review, and affirm, reverse or modify any final decision rendered in any of the court’s division that conflict against an issue of the law with a decision in another division of the court. The exercise of such jurisdiction shall be within the discretion of the circuit division and may be invoked by application for review by a party to the case, setting forth succinctly the issue of law as to which there is a conflict in the decisions of two or more divisions. The circuit division may review the decision of a panel within a division only if a review of the decision has been sought and denied by the division.

Klein (2002) is of the opinion that, judges’ decisions are a function of what they prefer to do, tempered by what they think they ought to do, but constrained by what they perceive is feasible to do. The appellate courts are highly prestigious, desirable and competitive positions. Undoubtedly, most people who become judges work hard to gain the office, devoting substantial portions of their professional lives to the quest.

According to Klein (2002), the Supreme Court’s docket is composed almost entirely of difficult cases, where the law is unclear. In addition, the Supreme Court is not bound by the rulings of, nor can a higher court reverse it. The Supreme Court justices rarely possess ambition for higher office. While opportunities for justices to promote their policy preferences abound and disincentives are few, the same is not true for lower court judges.

Type of cases the United State Court of Appeals hears

In most lawsuits, the parties involved are the plaintiff, the person or organization that initiates the lawsuit and the defendant, the person or organization against whom the lawsuit is brought. An appellate court is a court having jurisdiction to review cases and issues that were originally tried in lower courts, Klein (2002). The appellate court has a national jurisdiction over certain types of cases such as cases involving patent law, cases in which the United States government is a defendant, cases involving regulations; tax, civil rights, social security and broadcasting, inter-state disputes, matters regarding international trade law, matters regarding bankruptcy, commerce between interstate and international regulation, crimes that fall under statuses enacted by congress and cases involving admiralty, Bardes, Shelley & Schmidt (2008).

With reference to the judicial statements stated above, the cases most likely to be to take place in the U.S. Court of Appeals include a case involving an appeal of a 5th U.S. District court decision regarding the right of Texas high school students to recite prayers over the school PA system before football games and a contract dispute between a private company and the U.S. government. In the first case, the appellant is seeking for a reversal of the decision made by a lower court, in this case, 5th U.S. District court. The second case will also be taken to the Court of Appeal, federal circuit, because in this case the United States government is, in fact, the defendant. A case involving a dispute between Colorado, Utah, and Arizona over water rights is also likely to take place in the Court of Appeal. This is so because the case involves a dispute between two states. A civil suit brought by a plaintiff from Tennessee against a defendant from Kentucky regards a violation of a civil right and will therefore be heard in the Court of Appeal.

Cases not likely to be taken in the Court of Appeal

According to Bardes, Shelley & Schmidt (2008), Cases that fail to take place in the Court of Appeal are probably cases that either involves some familiar principle of law or equity, or containing merely questions of evidence. It is for these reasons that the cases were deemed not necessary but the briefs of counsel in those cases may contain points, suggestions and authorities very important.

A case involving a violation of a city ordinance against loitering is a crime under state legislation and will therefore be heard in a state court as it falls under its jurisdiction, Klein (2002).

Conclusion

Although a great preponderance of an appellate judge’s caseload involves routine application of precedent and word-logic, fairly soon in the life of the new judge the moment comes when he realizes that there are some cases in which he can find the law. In such cases, the judge should decide on the basis of what is best for the community, that is, on the basis of policy consideration. Where most judges differ, is in their belief that they should and do try to make good law, meaning something other than law consistent with their own policy views.

Reference

Bardes, C. A., Shelley, M. C., & Schmidt, W. S. (2008). American Government and Politics Today. Cengage Learning.

Klein, E. (2002). Making law in the United States Courts of Appeals. Cambridge University Press.

New York (State)., (2008). Court of Appeals. Cases in the Court of appeals of the State of New York. Diossy & Company.