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Encyclopedia > Appellate court
Court of Appeal, Court of Appeals, and Appellate Division redirect here; for a list of specific courts using those titles, see Court of Appeal (disambiguation), Court of Appeals (disambiguation), and Appellate Division (disambiguation).

An appellate court (also called appellant court in some jurisdictions)[1] is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. 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. A supreme court is therefore itself a kind of appellate court. Image File history File links Gnome-globe. ... This article is about courts of law. ... In law, an appeal is a process for making a formal challenge to an official decision. ... A trial court or court of first instance is the court in which most civil or criminal cases begin. ... A tribunal is a generic term for any body acting judicially, whether or not it is called a tribunal in its title. ... This article does not cite any references or sources. ... For specific national Supreme Courts, see Category:National supreme courts. ... The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. ...

Contents

Institutional titles

Many 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. Examples of such courts include the New Jersey Court of Errors and Appeals (which existed from 1844 to 1947) and the Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court). In some jurisdictions, courts able to hear appeals are known as an Appellate Division. The Court of Errors and Appeals was the highest court in the U.S. state of New Jersey from the enactment of the states 1844 constitution until the enactment of the states 1947 constitution. ... Jan. ... Year 1947 (MCMXLVII) was a common year starting on Wednesday (link will display full 1947 calendar) of the Gregorian calendar. ... The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. ...


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. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases. Wikipedia does not have an article with this exact name. ...


Authority to review

The authority of appellate courts to review a decisions of lower courts varies widely from one jurisdication to another. In some places, the appellate court has limited powers of review. For example, in the United States, both state and federal appellate courts are usually restricted to examining whether the court below made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal. The United States courts of appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ...


In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. 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. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have discretion as to whether they will hear an appeal from a particular case.


See also

  • Court of Criminal Appeals
  • Court of Criminal Appeal (disambiguation)

References

  1. ^ See, e.g., State v. MacPhee, 656 S.E.2d 444, 451 (W. Va. 2007) ("An appellant court must review all the evidence, whether direct or circumstantial, in the light most favorable to the prosecution"); [1]

  Results from FactBites:
 
FSM Constitution - Article 11 (10021 words)
The proper procedure, in accordance with Kosrae State law and the FSM appellate rules, in filing a notice of appeal from a decision of the Kosrae State Court is to file notice in both Kosrae State Court and the FSM Supreme Court, either with the trial division in Kosrae or directly with the appellate division.
The appellate division of the Supreme Court of the FSM may accept direct filing of a case and an expedited briefing schedule may be established where there is limited time available and prompt resolution of the issues in the case is decidedly in the nat.
Normally the trial court fashions the remedies and sanctions for failure of a party to comply with discovery requirements and the exercise of the trial court's discretion should not be disturbed by an appellate court absent a showing that the trial court's action has unfairly resulted in substantial hardship and prejudice to a party.
  More results at FactBites »


 
 

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