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NCJRS Abstract

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NCJ Number: 52302 Find in a Library
Title: NATIONAL COURT OF APPEALS - AN ALTERNATIVE PROPOSAL
Journal: AMERICAN BAR ASSOCIATION JOURNAL  Volume:60  Dated:(FEBRUARY 1974)  Pages:179-181
Author(s): I N P STOKES
Corporate Author: American Bar Association
United States of America
Date Published: 1974
Page Count: 3
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: A PLAN TO LIGHTEN THE WORKLOAD OF THE U.S. SUPREME COURT WITHOUT EMPOWERING AN INFERIOR TRIBUNAL TO DETERMINE WHICH CASES SHOULD REACH THE SUPREME COURT IS PROPOSED. THE PLAN IS AN ALTERNATIVE TO A STUDY GROUP SUGGESTION.
Abstract: IN 1973 THE STUDY GROUP ON THE CASELOAD OF THE SUPREME COURT SUGGESTED THAT PRIOR CERTIORARI AUTHORITY BE GIVEN TO A NEW NATIONAL COURT OF APPEALS, WHICH WOULD ASSUME A SCREENING FUNCTION FOR SUPREME COURT CASES. THIS SUGGESTION HAS BEEN VIGOROUSLY OPPOSED BECAUSE IT WOULD RESTRICT ACCESS TO THE SUPREME COURT DOCKET. AN ALTERNATIVE IS SUGGESTED, A NATIONAL COURT OF APPEALS WHICH WOULD ASSUME THE SCREENING FUNCTION BUT UNDER THE SUPREME COURT'S DIRECT SUPERVISION. IT IS SUGGESTED THAT CERTAIN TYPES OF CASES BE RESERVED FOR THE SUPREME COURT ALONE: CONSTITUTIONAL QUESTIONS, JURISDICTIONAL QUESTIONS CONCERNING FEDERAL COURTS, JUSTICIABILITY OR JUDICIAL ABSTENTION, CASES INVOLVING INTERNATIONAL AGREEMENTS, AND CONFLICTS OF LAWS BETWEEN FEDERAL AND STATE LAW OR DOMESTIC AND FOREIGN LAW. POSSIBLE SAFEGUARDS WHICH COULD BE ESTABLISHED TO ENSURE THAT THE NEW COURT DID NOT OVERSTEP ITS AUTHORITY ARE DISCUSSED. THE IN FORMA PAUPERIS BURDEN IS THOUGHT TO BE INEVITABLE, BUT THE NATIONAL COURT OF APEALS COULD SERVE A MEANS OF REDUCING THE SUPREME COURT'S OTHER CASE BURDENS. (GLR)
Index Term(s): Appellate courts; Caseloads; Court structure; Federal courts; Jurisprudence; Reform; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=52302

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