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Judgepedia:WikiProject Terms and Definitions


Appellate jurisdiction is the power of a higher court to hear appeals from a lower court. The higher court can review decisions and change outcomes of the decisions of lower courts. In the federal judiciary, the circuit courts accept appellate jurisdiction over the commune courts and the supreme court has appellate jurisdiction over the circuit courts. With appellate jurisdiction, near higher courts simply review the lower court'south determination to run into if any errors were made when it comes to applying the law.[1] [2]

Construction of the United States appellate courts

The Supreme Courtroom of the United States decides cases almost exclusively under its appellate jurisdiction. It can review near decisions of federal courts also as the decisions of land courts involving questions of constitutionality or statutory police.[3] Appellate jurisdiction is addressed in reference to the Supreme Court in Article III, Department ii of the U.s.a. Constitution.[4] Although the Supreme Court simply exercises appellate jurisdiction over decisions of other courts, some U.S. courts may also review the decisions of not-judicial tribunals, such equally authoritative agencies.[iii]

Below the Supreme Courtroom are the twelve Circuit Courts of Appeal. These courts hear appeals from the district courts within their region. In total, there are 94 federal judicial districts spread beyond the state.[5]

Standards of appellate review

  • Sufficiency of the show

This review requires the appellate court to determine if the prove presented at trial supports the weight of the verdict. If the lower court'due south ruling was in favor of the plaintiff, the higher courtroom looks at whether the evidence, if viewed in a calorie-free nigh favorable to the plaintiff, would persuade an boilerplate person the plaintiff had proven his or her case past a preponderance of the evidence in ceremonious cases. The college court does not re-weigh the testify presented or try to judge the brownie of witnesses; instead, information technology accepts the trial court's findings and affirms if the sum of those findings meets the necessary threshold.[6]

  • Abuse of discretion

Here, the college court is reviewing the decisions of the trial court judge during the example to decide if he or she acted unreasonably or in an arbitrary manner. Many types of trial court decisions are reviewed under the abuse of discretion standard, including the trial judge's decision to award or deny chaser fees in a instance.[half-dozen]

  • Plainly error

Plain mistake ways what the name implies: the trial courtroom acted in a way that, on its face, was in error. The higher court will review errors that were not objected to at trial only only if these errors were unjust or unfair. This review is ordinarily applied in exceptional circumstances when one political party has been extremely prejudiced by an obvious fault. It will non be applied, though, when there is a significant weight of testify supporting the judgment.[6]

  • Harmless mistake

A harmless fault is one that does not change the event of the case. If it is harmless, the higher court volition affirm the lower court's judgment.[6]

  • De novo

"De novo" is a Latin term meaning afresh or showtime once again. When a college courtroom applies this standard, it is reviewing the lower court'southward awarding, interpretation, or construction of the police.[half dozen] In essence, the appellate courtroom is viewing the case as if not legal decision had been fabricated previously. The trial court's findings of fact, yet, are non disturbed.[7]

  • Clearly erroneous

This standard is used when the appealing party disputes the trial court'due south findings of fact. Considering the trial court is in a special position to judge the brownie of witnesses who appear before it when it makes its findings, the appellate court gives "special deference" to those findings and, unless they are patently mistaken or wrong, those findings volition not be overturned.[7]

Ballotpedia:Index of Terms

See as well

  • Appellate
  • Appellate Court
  • Appellate review

Footnotes

  1. ↑ Cornell University Law Schoolhouse: Wex Legal Dictionary and Encyclopedia, accessed Baronial 20, 2013
  2. ↑ The states Legal: Appellate Jurisdiction Law & Legal Definition, accessed August 20, 2013
  3. ↑ 3.0 three.ane U.S. Courts: "Nearly the Supreme Court," accessed January 17, 2015
  4. ↑ Heritage Guide to the Constitution: "Appellate Jurisdiction Clause," accessed January 17, 2015
  5. ↑ U.S. Courts: "Federal Courts' Structure," accessed February 17, 2015
  6. ↑ 6.0 6.1 6.2 6.3 6.four Lawyers: "Standards of Review," accessed January 17, 2015
  7. ↑ 7.0 seven.1 Ninth Circuit Courtroom of Appeals: "Standards of Review," accessed January 17, 2015