From Ballotpedia

Jump to: navigation, search

Judgepedia:WikiProject Terms and Definitions

Appellate review is a term referring to the ability that a higher court has to examine decisions of lower courts. Appellate review may serve the goal of correcting an mistake in the fashion that matters of the police force were decided in the lower court. Alternately, appellate review can serve in the creation of precedent. In these instances, a case raises a new issue of law to which previous cases practise non apply. The case is then appealed to a higher court and so that the legal issue may exist decided and principles may be created to be followed and anticipated in future disputes. Generally, the appellate review only addresses issues of law; factual findings of the lower courts are not disputed.[one]

Appeals

In police, an appeal is a process for requesting a formal change to a previous legal decision. Depending on the circumstances, appeals may be made to the same dominance or to a higher judicial authority.[2] In common police jurisdictions, most commonly, this ways formally filing a notice of appeal with a lower courtroom, indicating one'south intention to take the matter to the next higher court with jurisdiction over the affair and and so actually filing the appeal with the appropriate appellate courtroom.

Types of appeals

All appeals are either "as of right" or discretionary. Every bit the name implies, "as of right" ways that the appellant is legally entitled, or has a right, to the appeal. These appeals are taken at the resolution of a case in one case a judgment has get terminal. Discretionary appeals, also as the name implies, are taken at the discretion of the appellate courtroom that volition hear the case. The appellant must move, or ask, the appellate court for permission to appeal. The appellate court may so either grant or deny that asking. All appeals heard by the United States Supreme Courtroom are discretionary. Parties submit a petition to the court known as writs of certiorari.[iii]

Appellate procedure

Appellate procedure, including the process of determining whether in that location is a right of appeal in a item decision, varies profoundly from country to state. Even inside a jurisdiction, the nature of an appeal tin vary greatly depending on the type of example. When reviewing errors of the lower courtroom, the appellate court focuses on errors of a legal nature; appellate courts do not usually disturb factual findings.[ane]

Filing an appeal

A party who files an appeal is called an appellant or petitioner, and the opposing political party is known equally an appellee or a respondent.[four] The appellant is the party who, having lost part or all of their claim in a lower courtroom conclusion, is highly-seasoned to a higher court with appellate jurisdiction to take their instance reconsidered. This is usually done based on the allegation that the lower court judge erred in his or her awarding of the law, only one may also entreatment a decision based on the supposition of court misconduct or on the belief that the evidence was non strong enough to justify the determination.[5]

The appellant in the new instance can be either the plaintiff (or claimant), defendant, or respondent (appellee) from the lower case, depending on who was the losing party. The winning political party from the lower courtroom, withal, is at present the respondent. In unusual cases, the appellant—though he or she was the victor in the court below—may still entreatment.[half dozen]

Decisions on appeal

The appellant'southward instance is normally reviewed by a console of judges at the appellate level. These judges volition expect at the "tape" of the instance from the lower court. This record is the documentation of the case—including all the pleadings, motions, and memoranda filed with the court, transcripts from pre-trial, trial, and post-trial hearings, and trial exhibits. Other than the written brief submitted past each party and the oral argument (if applicable), the appellate judges cannot look beyond this record in making its decision.[vii]

After reviewing the case, the appellate court can choose to:

  • Assert (uphold) the lower court's judgment,
  • Opposite the lower court'southward judgment entirely and remand (return) the instance to the lower court for a new trial, or
  • Affirm in role and reverse in office the lower court'due south judgment and remand the case to the lower court to correct an issue (the part the appellate courtroom reversed).[viii]

Appellate courts

An appellate court is a court that hears cases on entreatment from another courtroom. Depending on the detail legal rules that utilize to each circumstance, a party to a courtroom case who is unhappy with the outcome might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact or procedure (in the Usa, due process).

Appellate courts in the United States include the U.s.a. Court of Appeals and the U.s. Supreme Courtroom in the federal court system and intermediate appellate courts and state supreme courts in country judiciaries.

In different jurisdictions, appellate courts may too exist called appeals courts, courts of appeals, superior courts or supreme courts.

See likewise

  • Appeal
  • Appellate
  • Appellate court
  • Appellate jurisdiction
  • Trial court
  • Court of record
  • Alphabetize of terms

Footnotes

  1. ↑ 1.0 1.1 US Legal, "Appellate Review Law & Legal Definition," accessed December 18, 2015
  2. ↑ NOLO, "Appeals and the Writ of Habeas Corpus FAQ," accessed December 9, 2013
  3. ↑ Rottenstein Police Group, "What are the unlike kinds of appeals?" accessed Jan 17, 2015
  4. ↑ Dana B. Taschber, "Appellate Court," accessed Dec 9, 2013
  5. ↑ Sacramento Canton Public Constabulary Library, "Starting a ceremonious appeal," accessed December 9, 2013
  6. ↑ Princeton, "Appeal," accessed December 9, 2013
  7. ↑ FindLaw, "Highly-seasoned a Courtroom Decision or Judgment," accessed January 17, 2015
  8. ↑ American Bar Association, "How Courts Work," accessed January 17, 2015