Arkansas' New Court and Its Effect on the Arkansas Appellate System
James D. Gingerich
Abstract
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James D. Gingerich
Abstract
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On November 7, 1978, the voters of the State of Arkansas approved Amendment 58 to the Arkansas Constitution, creating the Arkansas Court of Appeals. The impetus for the new court had come from members of the Arkansas Supreme Court and others in the legal profession who argued that the state's judicial system, and specifically the Supreme Court, would suffer without it. Proponents argued that the new court would reduce the Supreme Court's workload, allow judges more time to consider cases and write opinions, and make the appellate process quicker and more efficient. The purpose of this paper is to attempt to determine whether these projected benefits have accrued and what effects, if any, the court has had on the Supreme Court.
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On November 7, 1978, the voters of the State of Arkansas approved Amendment 58 to the Arkansas Constitution, creating the Arkansas Court of Appeals. The impetus for the new court had come from members of the Arkansas Supreme Court and others in the legal profession who argued that the state's judicial system, and specifically the Supreme Court, would suffer without it. Proponents argued that the new court would reduce the Supreme Court's workload, allow judges more time to consider cases and write opinions, and make the appellate process quicker and more efficient. The purpose of this paper is to attempt to determine whether these projected benefits have accrued and what effects, if any, the court has had on the Supreme Court.
Key concepts: Supreme court, Law, Original jurisdiction, Remand (court procedure), Certiorari, Political science, Court of record, Court of equity