In United States appellate procedure, an appeal is a petition for review of a case that has been decided by a court of law.

The right to file an appeal can also vary from state to state ; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.

The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted.

An appellate court is a court that hears cases on appeal from another court.

This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence.

In unusual cases the appellant can be the victor in the court below, but still appeal.

An appellee is the party to an appeal in which the lower court judgment was in its favor.

The appellate court cannot refuse to listen to the appeal.

An appeal " by leave " or " permission " requires the appellant to obtain leave to appeal ; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law " by leave " from the trial court and / or the appellate court.

In the federal courts, the parties ' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the Supreme Court.

The first is the traditional " direct " appeal in which the appellant files an appeal with the next higher court of review.

The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance — usually the court that tried the case.

Appointed the director of the Italian opera by the Habsburg court, a post he held from 1774 to 1792, Salieri dominated Italian language opera in Vienna.

After escaping from the hands of Kunz von Kaufungen, who had abducted him together with his brother Ernest, he spent some time at the court of the emperor Frederick III in Vienna.

Prince Eugene of Savoy ( French: François-Eugène de Savoie, German: Eugen von Savoyen, Italian: Principe Eugenio di Savoia-Carignano ; 18 October 1663 – 21 April 1736 ), was one of the most successful military commanders in modern European history, rising to the highest offices of state at the Imperial court in Vienna.

In 1772 he was appointed organist to the court of Vienna, and in 1792 Kapellmeister of St. Stephen's Cathedral.

In 1378, she was betrothed ( sponsalia de futuro ) to Habsburg scion William of Austria, and spent about a year at the imperial court in Vienna, Austria.

In opposition to the German submissions, the United States argued that the Vienna Convention did not grant rights to individuals, only to states ; that the convention was meant to be exercised subject to the laws of each state party, which in the case of the United States meant subject to the doctrine of procedural default ; and that Germany was seeking to turn the ICJ into an international court of criminal appeal.

The court also found that the United States violated the Vienna Convention through its application of procedural default.

The court was at pains to point out that it was not passing judgment on the doctrine itself, but only its application to cases involving the Vienna Convention.

Aeneas then withdrew to the court of Holy Roman Emperor Emperor Frederick III court in Vienna.

After his return to Vienna, his father was concerned about Rudolf's aloof and stiff manner, typical of the more conservative Spanish court, rather than the more relaxed and open Austrian court ; but his Spanish mother saw in him courtliness and refinement.

He is thought to have performed Mozart's operas while playing in the court orchestra at Bonn, and he traveled to Vienna in 1787 hoping to study with the older composer.

Upon the death of his Bohemian ally, Henry IV reconciled with King Rudolph I and in 1280 went to his Austrian court in Vienna, where Henry tried to obtain for himself the Polish royal crown.

With the death of Maximilian II in 1576 his connection with the court of Vienna was dissolved.

The first well-documented use of a diamond ring to signify engagement was by the Archduke Maximilian of Austria in imperial court of Vienna in 1477, upon his betrothal to Mary of Burgundy.

However, in Vienna he became very intimate with Sebastian Pfauser, a court preacher with strong leanings towards Lutheranism, and his religious attitude caused some uneasiness to his father.

Following victory over the Italians at Custoza in late July, the court felt safe to return to Vienna, and Franz Joseph travelled with them.

But within a few months Vienna again appeared unsafe, and in September the court left again, this time for Olmütz in Moravia.

In Vienna, he agreed to enter a musical contest with Mozart for the entertainment of Holy Roman Emperor Joseph II and his guests on 24 December 1781, at the Viennese court.

Also as a compensation for the court as emperor Leopold I again reigned from Vienna and the Tyrolean stirps of the Habsburg dynasty had ended in 1665.

Known by Bonapartists as Napoleon II, he was living under virtual imprisonment at the court of Vienna under the name Duke of Reichstadt.

He returned to court for long enough to marry Maria Antonia, daughter of Leopold I, Holy Roman Emperor and Margaret Theresa of Spain, on July 15, 1685 in Vienna, Austria.

In Vienna the court poet Metastasio produced annually a series of oratorios for the court which were set by Caldara, Hasse and others.

The Dowager Queen Constance was anxious for her son's life and she escaped with King Ladislaus to the court of Leopold VI, Duke of Austria.

Wrocław is now a unique European city of mixed heritage, with architecture influenced by Bohemian, Austrian and Prussian traditions, such as Silesian Gothic and its Baroque style of court builders of Habsburg Austria ( Fischer von Erlach ).

Tannhäuser was an active courtier at the court of Frederick II of Austria ( 1230 – 1246 ), and the Codex Manesse ( 1340 ) depicts him clad in the Teutonic Order habit, suggesting he might have fought the Fifth Crusade ( 1213 – 21 ).

At the time of its composition, Donizetti had just been appointed music director and composer for the imperial court of Emperor Ferdinand I of Austria, and Don Pasquale was the 64th of an eventual 66 operas he composed.

At the court of Margaret of Austria in the Netherlands, Anne is listed as Boullan.

" On 21 May 1760 a fresh convention was signed between Russia and Austria, a secret clause of which, never communicated to the court of Versailles, guaranteed East Prussia to Russia, as an indemnity for war expenses.

On the one hand, her parents had instituted several innovations in court life which made Austria one of the most progressive courts in Europe.

However, at Court the match was not so popular among the elder members of court due to the long-standing tensions between Austria and France, which had only recently been mollified.

In the ensuing evacuation of his court to the Netherlands, Maximilian Emanuel's family became separated and his sons were held prisoners for several years in Austria, Klemens August being brought up by Jesuits.

After Irving denied the Holocaust in two 1989 speeches given in Austria, the Austrian government issued an arrest warrant against him and barred him from entering the country .< ref > In early 1992 a German court found him guilty of Holocaust denial under the Auschwitzlüge section of the law against Volksverhetzung ( a failed appeal by Irving would see the fine rise from 10, 000 DM to 30, 000 DM ), and he was subsequently barred from entering Germany.

Charles was Austria's best field commander, but he was unpopular with the royal court and lost much influence when, against his advice, Austria decided to go to war with France.

When Ottokar II married Gertrude's aunt, Margaret of Babenberg and moved into Austria, he had to flee, at first to Styria and later to the Sponheim court in Carinthia.

Though she was exiled by the king's illegitimate half-brother John of Austria the Younger, she returned to the court after John's death in 1679.

When his half-brother Don John of Austria, a natural son of Philip IV, obtained power by exiling the queen mother from court, he covered his nose and insisted that the king at least brush his hair.

On Richelieu's death Benserade lost his pension, but became more and more a favourite at court, especially with Anne of Austria.

During the first war of the Fronde ( 1648 – 1649 ), he assisted Condé in the brief siege of Paris ( January 1649 ); and in the second war of the Fronde ( 1650 – 1653 ), remaining loyal to the queen regent Anne of Austria and the court party, he won his greatest triumph in defeating Turenne and the allied Spaniards and rebels at Retbel ( or Blanc-Champ ) in 1650.

Charles was Austria's best field commander, but he was unpopular with the royal court and lost much influence when, against his advice, Austria decided to go to war with France.

Marie Antoinette supported Choiseul as the proponent of the alliance with Austria and also defied court protocol by refusing to speak to Mme.

In September of the same year Condé was recalled to court, for the Regent Anne of Austria required his support.

From his period as Court Painter are the portraits of Philip IV, Prince Baltasar Carlos, the Infante Don Carlos and Queen Mariana of Austria, together with a sizeable collection of portraits of court dwarves such as Pablo de Valladolid.

Arno also began the copying of 150 volumes from the court of Charlemagne, beginning the oldest library in Austria.