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Appellate court

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The High Court of Australia, the highest appellate court in Australia
The High Court of Australia, the highest appellate court in Australia
The Supreme Court of the United States, the highest appellate court in The United States of America
The Supreme Court of the United States, the highest appellate court in The United States of America
The Helsinki Court of Appeal (Helsingin hovioikeus), an intermediate appellate court in Finland
The Helsinki Court of Appeal (Helsingin hovioikeus), an intermediate appellate court in Finland

A court of appeals, also called a court of appeal,[1] appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are 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, often on a discretionary basis. A particular court system's supreme court is its highest appellate court.[2] Appellate courts nationwide can operate under varying rules.[3]

Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony. When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error. The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an "abuse of discretion". This standard tends to be even more deferential than the "clear error" standard.

Before hearing any case, the court must have jurisdiction to consider the appeal. The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court's judgment provides the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified.[4] Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record).

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Appeal

Appeal

In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.

Trial court

Trial court

A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review. Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.

Judiciary

Judiciary

The judiciary is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

Legal case

Legal case

A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce.

Evidence (law)

Evidence (law)

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.

Testimony

Testimony

Testimony is a solemn attestation as to the truth of a matter.

Supreme court

Supreme court

A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

Discretionary review

Discretionary review

Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted. The appeals court will then be able to decide substantive cases with the lowest opportunity cost. The opposite of discretionary review is any review mandated by statute, which guides appellate courts about what they can and cannot do during the review process.

Standard of review

Standard of review

In law, the standard of review is the amount of deference given by one court in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent. In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation.

Jury

Jury

A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.

Eyewitness testimony

Eyewitness testimony

Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is not always the case. This recollection is used as evidence to show what happened from a witness' point of view. Memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. As a result of this, many countries, and states within the United States, are now attempting to make changes in how eyewitness testimony is presented in court. Eyewitness testimony is a specialized focus within cognitive psychology.

Jurisdiction

Jurisdiction

Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.

Bifurcation of civil and criminal appeals

While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by the type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims on the other. In the United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and Oklahoma have the final determination of criminal cases vested in their respective courts of criminal appeals,[5] while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to the state supreme court.[6][7]

Courts of criminal appeals

Civilian
Military

Courts of civil appeals

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Texas Court of Criminal Appeals

Texas Court of Criminal Appeals

The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges.

Court of Criminal Appeal (England and Wales)

Court of Criminal Appeal (England and Wales)

The Court of Criminal Appeal was an English appellate court for criminal cases established by the Criminal Appeal Act 1907. It superseded the Court for Crown Cases Reserved to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judges and the Home Office against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji led to the concession of a new court that could hear matters of law, fact or mixed law and fact.

Court of Criminal Appeal (Ireland)

Court of Criminal Appeal (Ireland)

The Court of Criminal Appeal was an appellate court for criminal cases in the law of the Republic of Ireland. It existed from 1924 until 2014, when it was superseded by the Court of Appeal, which can hear appeals for all types of case.

Alabama Court of Criminal Appeals

Alabama Court of Criminal Appeals

The Alabama Court of Criminal Appeals is one of two appellate courts in the Alabama judicial system. The court was established in 1969 when what had been one unitary state Court of Appeals was broken into a criminal appeals court and a civil appeals court. The unitary Court of Appeals had been operative since 1911. The Court of Criminal Appeals is the linear descendant of the unitary Court of Appeals as its predecessor judges were automatically assigned to the Court of Criminal Appeals in 1969. At that time the court only had three judges, but that was changed to five in 1971. The court is housed in the Heflin-Torbert Judicial Building in downtown Montgomery, Alabama.

Oklahoma Court of Criminal Appeals

Oklahoma Court of Criminal Appeals

The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government.

Tennessee Court of Criminal Appeals

Tennessee Court of Criminal Appeals

The Court of Criminal Appeals is one of Tennessee's two intermediate appellate courts. It hears trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. Appeals in civil cases are heard by the Tennessee Court of Appeals.

United States Army Court of Criminal Appeals

United States Army Court of Criminal Appeals

In the United States military, the Army Court of Criminal Appeals (ACCA) is an appellate court that reviews certain court martial convictions of Army personnel.

Navy-Marine Corps Court of Criminal Appeals

Navy-Marine Corps Court of Criminal Appeals

The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps.

Coast Guard Court of Criminal Appeals

Coast Guard Court of Criminal Appeals

The Coast Guard Court of Criminal Appeals (CGCCA) is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Washington, DC.

Air Force Court of Criminal Appeals

Air Force Court of Criminal Appeals

The Air Force Court of Criminal Appeals (AFCCA) is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under 10 U.S.C. § 866(a). The Court hears and decides appeals of United States Air Force court-martial convictions and appeals pendente lite. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions.

Alabama Court of Civil Appeals

Alabama Court of Civil Appeals

The Alabama Court of Civil Appeals is one of two appellate courts in the Alabama judicial system. The court was established in 1969 when what had been one unitary state Court of Appeals was broken into a criminal appeals court and a civil appeals court. The unified Court of Appeals had been operative since 1911. The initial court's members were appointed by Governor Albert P. Brewer. The court is currently housed in the Alabama Judicial Building in Montgomery, Alabama. Judges on the court are elected in partisan elections on staggard six year terms. Today, the court's membership is all Republican but it was composed of just Democrats between 1969 and 1989. At that time, Republican Governor Guy Hunt appointed Robert J. Russell to the bench on April 16, 1989 thus becoming the first Republican on the court. Ironically, Russell was defeated for re-election in 1990 but was again appointed almost immediately to another vacancy on the court by Governor Hunt in January 1991.

Oklahoma Court of Civil Appeals

Oklahoma Court of Civil Appeals

The Oklahoma Court of Civil Appeals is an intermediate appellate court in the state of Oklahoma. Cases are assigned to it by the Oklahoma Supreme Court, the state's highest court for civil matters.

Appellate courts by country

Australia

The High Court has appellate jurisdiction over all other courts. Leave must be granted by the court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories.[8][9] Appeals to the High Court are by special leave only, which is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal.[10]

New Zealand

The Court of Appeal of New Zealand, located in Wellington, is New Zealand's principal intermediate appellate court.[11] In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court.[12]

Philippines

The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in Manila, with three divisions each in Cebu City and Cagayan de Oro. Other appellate courts include the Sandiganbayan for cases involving graft and corruption, and the Court of Tax Appeals for cases involving tax. Appeals from all three appellate courts are to the Supreme Court.

Sri Lanka

The Court of Appeal of Sri Lanka, located in Colombo, is the second senior court in the Sri Lankan legal system.

United Kingdom

United States

In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were.[13] 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.[14]

The Fifth District Court of Appeal for Florida, an intermediate appellate court for the Florida judicial system.
The Fifth District Court of Appeal for Florida, an intermediate appellate court for the Florida judicial 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 the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.

Institutional titles

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. Examples of such courts include the New Jersey Court of Errors and Appeals (which existed from 1844 to 1947), the Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court), the Kentucky Court of Errors (renamed the Kentucky Supreme Court), and the Mississippi High Court of Errors and Appeals (since renamed the Supreme Court of Mississippi). In some jurisdictions, a court able to hear appeals is known as an appellate division.

The phrase "court of appeals" most often refers to intermediate appellate courts. However, the New York Court of Appeals is the highest appellate court in New York. The New York Supreme Court is a trial court of general jurisdiction. The Supreme Court of Maryland was known as the Court of Appeals, and the Appellate Court of Maryland was known as the Court of Special Appeals, until a 2022 constitutional amendment changed their names. 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.

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High Court of Australia

High Court of Australia

The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution.

States and territories of Australia

States and territories of Australia

The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty and have their own constitutions, legislatures, departments, and certain civil authorities that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty.

Court of Appeal of New Zealand

Court of Appeal of New Zealand

The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington.

Court of Appeals of the Philippines

Court of Appeals of the Philippines

The Court of Appeals is an appellate collegiate court in the Philippines. The Court of Appeals consists of one presiding justice and sixty-eight associate justices. Pursuant to the Constitution, the Court of Appeals "reviews not only the decisions and orders of the Regional Trial Courts awards, judgments, final orders or resolutions of, or authorized by administrative agencies exercising quasi-judicial functions mentioned in Rule 43 of the 1997 Rules of Civil Procedure, plus the National Amnesty Commission and the Office of the Ombudsman". Under Republic Act No. 9282, which elevated the Court of Tax Appeals to the same level of the Court of Appeals, en banc decisions of the Court of Tax Appeals are subject to review by the Supreme Court instead of the Court of Appeals. Added to the formidable list are the decisions and resolutions of the National Labor Relations Commission which are now initially reviewable by the Court of Appeals, instead of a direct recourse to the Supreme Court, via petition for certiorari under Rule 65.

Manila

Manila

Manila, officially City of Manila, is the capital of the Philippines and its second-most populous city. Manila is located on the eastern shore of Manila Bay on the island of Luzon. It is highly urbanized and as of 2019, was the world's most densely populated city proper. Manila is considered to be a global city and is rated as an Alpha – City by Globalization and World Cities Research Network (GaWC). It was the first chartered city in the country, and was designated as such by the Philippine Commission Act 183 of July 31, 1901. It became autonomous with the passage of Republic Act No. 409, "The Revised Charter of the City of Manila", on June 18, 1949. Manila is considered to be part of the world's original set of global cities because its commercial networks were the first to extend across the Pacific Ocean and connect Asia with the Spanish Americas through the galleon trade; when this was accomplished, it was the first time an uninterrupted chain of trade routes circling the planet had been established. Manila is among the most-populous and fastest-growing cities in Southeast Asia.

Cebu City

Cebu City

Cebu City, officially the City of Cebu, is a 1st class highly urbanized city in the Central Visayas region of the Philippines. It is the capital of the Cebu Province, where it is geographically located but is one of three cities that are administratively independent of the provincial government. According to the 2020 census, it has a population of 964,169 people,  making it the sixth-most populated city in the nation and the most populous in the Visayas.

Cagayan de Oro

Cagayan de Oro

Cagayan de Oro (CDO), officially the City of Cagayan de Oro, is a 1st class highly urbanized city in the region of Northern Mindanao, Philippines. It is the capital of the province of Misamis Oriental where it is geographically situated but governed administratively independent from the provincial government. According to the 2020 census, it has a population of 728,402 people.  Cagayan de Oro also serves as the regional center and business hub of Northern Mindanao, and part of the growing Metropolitan Cagayan de Oro area, which includes the city of El Salvador, the towns of Opol, Alubijid, Laguindingan, Gitagum, Lugait, Naawan, Initao, Libertad and Manticao at the western side, and the towns of Tagoloan, Villanueva, Jasaan, Claveria and Balingasag at the eastern side.

Sandiganbayan

Sandiganbayan

The Sandiganbayan is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees, including those in government-owned and controlled corporations. The special court was established by Presidential Decree No. 1486. It was subsequently modified by Presidential Decree No. 1606 and by Republic Acts 7975, 8249 and 10660. It is equal in rank to the Court of Appeals, and consists of fourteen Associate Justices and one Presiding Justice. The Office of the Ombudsman owns exclusive authority to bring cases to the Sandiganbayan.

Court of Tax Appeals

Court of Tax Appeals

The Court of Tax Appeals is the special court of limited jurisdiction, and has the same level with the Court of Appeals. The court consists of 8 Associate Justices and 1 Presiding Justice. The Court of Tax Appeals is located on Agham Road, Diliman, Quezon City in Metro Manila.

Court of Appeal of Sri Lanka

Court of Appeal of Sri Lanka

Court of Appeal of Sri Lanka, commonly known as the Appeal Court, is the second most senior court in the Sri Lankan legal system, with only the Supreme Court of Sri Lanka above it. Established in 1971, under the Court of Appeal Act No. 44 of 1971 the Appeal Court has jurisdiction to hear appeals from the High Court or any lower court, while its own decisions may be additionally appealed to the Supreme Court. The Appeal Court his headed by the President of the Court of Appeal.

Colombo

Colombo

Colombo is the executive and judicial capital and largest city of Sri Lanka by population. According to the Brookings Institution, Colombo metropolitan area has a population of 5.6 million, and 752,993 in the Municipality. It is the financial centre of the island and a tourist destination. It is located on the west coast of the island and adjacent to the Greater Colombo area which includes Sri Jayawardenepura Kotte, the legislative capital of Sri Lanka, and Dehiwala-Mount Lavinia. Colombo is often referred to as the capital since Sri Jayawardenepura Kotte is itself within the urban/suburban area of Colombo. It is also the administrative capital of the Western Province and the district capital of Colombo District. Colombo is a busy and vibrant city with a mixture of modern life, colonial buildings and monuments.

Court of Appeal (England and Wales)

Court of Appeal (England and Wales)

The Court of Appeal is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.

Source: "Appellate court", Wikipedia, Wikimedia Foundation, (2023, February 3rd), https://en.wikipedia.org/wiki/Appellate_court.

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References

Citations

  1. ^ "Court of appeals". Education.yahoo.com. Archived from the original on July 18, 2011. Retrieved January 8, 2012.
  2. ^ "Supreme Court". Collins English Dictionary - Complete & Unabridged 11th Edition. Retrieved October 26, 2012 from CollinsDictionary.com.
  3. ^ "A Guide to Illinois Civil Appellate Procedure" (PDF). Appellate Lawyers Association. Archived from the original (PDF) on July 9, 2015. Retrieved July 7, 2015.
  4. ^ State v. Randolph, 210 N.J. 330, 350 n.5 (2012), citing Mandel, New Jersey Appellate Practice (Gann Law Books 2012), chapter 28:2
  5. ^ "Bifurcated Appellate Review: The Texas Story of Two High Courts". www.americanbar.org.
  6. ^ "Alabama Judicial System". judicial.alabama.gov.
  7. ^ "About the Court of Criminal Appeals - Tennessee Administrative Office of the Courts". www.tncourts.gov.
  8. ^ Constitution (Cth) s 73.
  9. ^ Kirby, Michael (2003). "The High Court of Australia and the Supreme Court of the United States - A Centenary Reflection" (PDF). The University of Western Australia Law Review. 31: 171. Retrieved April 16, 2021.
  10. ^ Kirby, Michael (2007). "Maximising special leave performance in the High Court of Australia" (PDF). UNSW Law Journal. 30 (3): 731–732, 743–747. Retrieved April 16, 2021.
  11. ^ "Court of Appeal". justice.govt.nz. Retrieved August 7, 2014.
  12. ^ "History of court system — Courts of New Zealand". www.courtsofnz.govt.nz. Courts of New Zealand. Retrieved May 4, 2018.
  13. ^ "Court Role and Structure". United States Courts. Retrieved July 7, 2015.
  14. ^ "How Courts Work | Public Education". www.americanbar.org. Retrieved June 23, 2016.

Sources

  • Lax, Jeffrey R. "Constructing Legal Rules on Appellate Courts." American Political Science Review 101.3 (2007): 591–604. Sociological Abstracts; Worldwide Political Science Abstracts. Web. 29 May 2012.

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