In 1910 it required the convening of a special three-judge court for the issuance of certain injunctions and allowed direct appeals to the Supreme Court.

This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses ( in some cases twice ) as the appeals work their way up the court hierarchy.

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.

Certain jurisdictions permit certain appeals to cause the trial to be heard afresh in the appellate court.

In an adversarial system, appellate courts do not have the power to review lower court decisions unless a party appeals it.

An appellate court, commonly called an appeals court or court of appeals ( American English ) or appeal court ( British English ), is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.

Many U. S. jurisdictions title their appellate court a court of appeal or court of appeals.

Historically, others have titled their appellate court a court of errors ( or court of errors and appeals ), on the premise that it was intended to correct errors made by lower courts.

Furthermore, U. S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court.

Hence the natural setting of tragedy is the palace gate, the public square, or the court chamber.

A court may strike down a law on the basis of an intuitive feeling that the law is inimical to the numerical majority.

The Connally amendment says that the United States, rather than the court, shall determine whether a matter is essentially within the domestic jurisdiction of the United States in a case before the World Court to which the United States is a party.

If the case is thus determined by us to be domestic, the court has no jurisdiction.

if a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear ; ;

Accordingly, if it is not repealed by the Congress at its present session, I shall have no alternative thereafter but to direct the Secretary of Defense to disregard the section unless a court of competent jurisdiction determines otherwise.

But it is crucial that here, unlike Burford, the trial court was ordered to retain the case until the state courts had had a reasonable opportunity to settle the state-law question.

If a litigant chooses to enforce a Federal right in a State court, he cannot be heard to object if he is treated exactly as are plaintiffs who press like claims arising under State law with regard to the form in which the claim must be stated -- the particularity, for instance, with which a cause of action must be described.

second, that both actual and pending desegregation is, with few exceptions, the product or result of court order.

The action was a result of a court order, the citation for which ( and for other court action mentioned in this paper ) is taken from the Summary Report for this Conference.

Desegregation in Pulaski County is pending because of court order, although date of admission is not yet determined.

The record is clear that increase in school desegregation last year came largely as a result of a court order ; ;

Correlatively, can we reduce the role of the district courts, so that the action is that of the people of the community or other school district and not that of the law court??

`` Unfortunately '', says Chief Postal Inspector David H. Stephens, who has prosecuted many device quacks, `` the ghouls who trade on the hopes of the desperately ill often cannot be successfully prosecuted because the patients who are the chief witnesses die before the case is called up in court ''.

Under the new rules, testimony is taken orally in open court in all cases except those of an extraordinary character.

First thing I did after my twenty-first birthday was go into court and have it officially changed, and this is something I don't tell everybody.

`` Actually, the abuse of the process may have constituted a contempt of the Criminal court of Cook county, altho vindication of the authority of that court is not the function of this court '', said Karns, who is a City judge in East St. Louis sitting in Cook County court.

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.

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

Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds.

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.

For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.

In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.

That is, it goes to the intermediate appellate court, followed by the highest court.

For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both.

Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not.

The appellate court will typically be deferential to the lower court's findings of fact ( such as whether a defendant committed a particular act ), unless clearly erroneous, and so will focus on the court's application of the law to those facts ( such as whether the act found by the court to have occurred fits a legal definition at issue ).

If the appellate court finds no defect, it " affirms " the judgment.

If the appellate court does find a legal defect in the decision " below " ( i. e., in the lower court ), it may " modify " the ruling to correct the defect, or it may nullify (" reverse " or " vacate ") the whole decision or any part of it.