
Contents
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Introduction Introduction
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The Structure of Courts in the United States The Structure of Courts in the United States
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Jurisdiction as a Constraint on Access Jurisdiction as a Constraint on Access
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Threshold Issues and Judicial Decision-Making Threshold Issues and Judicial Decision-Making
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Access and Litigant Decisions to Appeal Access and Litigant Decisions to Appeal
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The Caseload Explosion and Access The Caseload Explosion and Access
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Screening on the U.S. Courts of Appeals Screening on the U.S. Courts of Appeals
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Access and Merits Panels: Appellate Briefs and Information Access and Merits Panels: Appellate Briefs and Information
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Discussion Discussion
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Notes Notes
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References References
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7 Access to Intermediate Appellate Courts
Get accessDonald R. Songer is Professor of Political Science at the University of South Carolina.
Susan B. Haire is Professor of Political Science at the University of Georgia.
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Published:06 July 2017
Cite
Abstract
The formal organization of court systems and jurisdictional rules established by legislatures often determine which litigants will have their cases reviewed by an appellate court. While some procedural obstacles are straightforward in their application, others require judicial interpretation with research findings suggesting that judges’ policy goals are related to decision-making on threshold issues. Even if there are no jurisdictional constraints, some losing litigants weigh the costs and benefits of pursuing an appeal. Still, filing an appeal does not guarantee full consideration of the issues raised by an appellant. Caseload pressures have contributed to screening procedures that result in only a minority of cases being closely scrutinized by an appellate panel. This chapter examines research on this winnowing process that characterizes litigant access to intermediate appellate courts.
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