涉外文书

The Review Function of the Courts of Appeals

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  Because the courts ofappeals have no control over which cases are brought to them,they deal with both routine and highly important matters.At one end ofthe spectrum are frivo-lous appeals or claims that have no substance and little or no chance for success.At the other end ofthe spec-trum are the cases that raise major questions ofpublic policy and evoke strong disagreement.Decisions by the courts ofappeals in such cases are like-ly to establish policy for society as a whole,not just for the specific liti-gants.Civil liberties,reapportion-ment,religion,and education cases provide good examples ofthe kinds of disputes that may affect all citizens.

  There are two purposes ofreview in the courts ofappeals.The first is error correction.Judges in the various cir-cuits are called upon to monitor the performance offederal district courts and federal agencies and to supervise their application and interpretation of national and state laws.In doing so,the courts of appeals do not seek out new factual evidence,but instead ex-amine the record ofthe lower court for errors.In the process ofcorrecting errors the courts ofappeals also settle disputes and enforce national law.

  The second function is sorting out and developing those few cases worthy of Supreme Court review.The circuit judges tackle the legal issues earlier than the Supreme Court justices and may help shape what they consider re-view-worthy claims.Judicial scholars have found that appealed cases often differ in their second hearing from their first.

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