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The appellate court ( which may be structured as an intermediate appellate court ) and / or a higher court will then affirm the judgment, decline to hear it ( which effectively affirms it ), reverse, or vacate and remand, which involves sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly for a whole new trial.
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appellate and 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.
appellate and which
" Appellate review " is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts.
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below.
At such hearings each party is allowed a brief presentation at which the appellate judges ask questions based on their review of the record below and the submitted briefs.
In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case ; at least one intermediate appellate court ; and a supreme court ( or court of last resort ) which primarily reviews the decisions of the intermediate courts.
Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the United States Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on the other hand, and appeals from the Court of Federal Claims on the other.
In the higher court / appellate court ( lagmannsrett ) there is a jury ( lagrette ) of 10 members, which need a minimum of seven votes to be able to convict.
Marshall then looked to Article III of the Constitution, which defines the Supreme Court's original and appellate jurisdictions ( see Relevant Law above ).
Those go to the Roman Rota, which is the ordinary appellate tribunal of the Apostolic See.
Since a few states lack intermediate appellate courts, the state supreme court may operate under " mandatory review ", in which it must hear all appeals from the trial courts.
These cases usually pertain to issues which different appellate courts within its jurisdiction have decided differently, or highly controversial cases involving a completely new legal issue never seen in that state.
But such petitions tend to be subject to severe length constraints, and are necessarily much more narrowly targeted ( usually to one or two particularly prejudicial errors ) than a long opening appellate brief to an intermediate appellate court ( which may touch upon several alleged errors by the trial court ).
Unlike the appellate court which only examines the issues raised in the original trial, in a trial de novo a brand new trial takes place.
In other cases, the Supreme Court has only appellate jurisdiction, which may be regulated by the Congress.
If still unsatisfied, the litigant can appeal to the highest appellate court in the state, which is usually called the state supreme court and is usually located in or near the state capital.
* In Utah, civil cases are appealed directly to the state supreme court, which then has the power to refer the case instead to an intermediate appellate court, rather than being appealled first to an intermediate appellate court and then to a state supreme court.
State courts, which try 98 % of litigation, may have different names and organization ; trial courts may be called " courts of common plea ", appellate courts " superior courts " or " commonwealth courts ".
However, litigants in other appellate districts may still appeal a Superior Court's adverse ruling to their own Court of Appeal, which has the power to fashion a different rule.
§ 1331 USCS § 1331 is a grant of original jurisdiction, and does not authorize district courts to exercise appellate jurisdiction over state-court judgments, which Congress has reserved to this Court, see § 1257 ( a ).
appellate and may
In some cases, an appellate court may review a lower court decision " de novo " ( or completely ), challenging even the lower court's findings of fact.
On the other hand, the appellate court normally gives less deference to a lower court's decision on issues of law, and may reverse if it finds that the lower court applied the wrong legal standard.
Depending on the system, certain courts may serve as both trial courts and appellate courts, hearing appeals of decisions made by courts with more limited jurisdiction.
However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict.
A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff, while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction ( or a lower appellate court ) has heard the matter.
In federal or multi-jurisdictional law systems there may exist conflicts between the various lower appellate courts.
Sometimes these differences may not be resolved and it may be necessary to distinguish how the law is applied in one district, province, division or appellate department.
An appellate court may also propound an entirely new and different analysis from that of junior courts, and may or may not be bound by its own previous decisions, or in any case may distinguish them on the facts.
Precedent of a United States court of appeals may be overruled only by the court en banc, that is, a session of all the active appellate judges of the circuit, or by the United States Supreme Court.
If an appellate court determines that reversible error occurred, it may reverse the judgment of the lower court and order a new trial on such terms and conditions as are found to be just.
These rules govern how an appeal may be commenced, what kind of notice ( if any ) is required, the types of briefs, pleadings or statements of case, motions, and orders allowed in appeals, the timing and manner of the appeal, the conduct of appellate hearings, the process for decisions, various available remedies, and how the courts and clerks must function.
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