How are cases selected for review by an appellate court?
In Florida, cases selected for review by an appellate court are typically selected by one of two processes: discretionary and mandatory. Discretionary review means that the court decides whether it should hear a case. This decision is based on factors such as the complexity of the legal issue, the importance of the case, and whether the case will have a significant impact on the law. Mandatory review is when a case must be heard by an appellate court. This happens in criminal cases where a defendant appeals his/her conviction, or in civil cases where a party appeals a ruling. In these instances, the appellate court is required to hear the case. In either situation, the appellate court will consider written briefs from both parties - the appellant and appellee - and decide whether or not to review the case. In some instances, the court may hear oral arguments from both sides. The appellate court may then decide to issue a ruling based on the documents and arguments submitted, or it may decide that the case needs further examination and grant an en banc review. This review involves a panel of judges who will hear both sides of the case. Regardless of the process used to select a case for review, appellate courts are the highest authority in Florida when it comes to resolving legal disputes and interpreting the law.
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