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Judgepedia:WikiProject Terms and Definitions


Appellate jurisdiction is the power of a higher court to hear appeals from a lower courtroom. The higher court can review decisions and modify outcomes of the decisions of lower courts. In the federal judiciary, the circuit courts have appellate jurisdiction over the district courts and the supreme court has appellate jurisdiction over the circuit courts. With appellate jurisdiction, most higher courts simply review the lower court's decision to meet if any errors were made when information technology comes to applying the law.[1] [two]

Structure of the United States appellate courts

The Supreme Courtroom of the United States decides cases almost exclusively under its appellate jurisdiction. It tin review almost decisions of federal courts too as the decisions of state courts involving questions of constitutionality or statutory law.[3] Appellate jurisdiction is addressed in reference to the Supreme Courtroom in Commodity 3, Section 2 of the United States Constitution.[4] Although the Supreme Court merely exercises appellate jurisdiction over decisions of other courts, some U.S. courts may as well review the decisions of not-judicial tribunals, such equally administrative agencies.[3]

Beneath the Supreme Courtroom are the twelve Circuit Courts of Appeal. These courts hear appeals from the district courts inside their region. In total, there are 94 federal judicial districts spread across the country.[five]

Standards of appellate review

  • Sufficiency of the evidence

This review requires the appellate court to decide if the evidence presented at trial supports the weight of the verdict. If the lower court's ruling was in favor of the plaintiff, the higher court looks at whether the prove, if viewed in a light most favorable to the plaintiff, would persuade an average person the plaintiff had proven his or her case by a preponderance of the evidence in civil cases. The higher court does non re-weigh the evidence presented or attempt to approximate the credibility of witnesses; instead, it accepts the trial court'southward findings and affirms if the sum of those findings meets the necessary threshold.[6]

  • Abuse of discretion

Here, the higher courtroom is reviewing the decisions of the trial court judge during the case to determine if he or she acted unreasonably or in an arbitrary style. Many types of trial courtroom decisions are reviewed nether the abuse of discretion standard, including the trial judge's decision to award or deny attorney fees in a case.[6]

  • Manifestly fault

Manifestly mistake means what the name implies: the trial court acted in a way that, on its face, was in error. The higher court volition review errors that were non objected to at trial but only if these errors were unjust or unfair. This review is usually applied in exceptional circumstances when i party has been extremely prejudiced by an obvious error. It will not be applied, though, when there is a significant weight of bear witness supporting the judgment.[6]

  • Harmless error

A harmless error is 1 that does non alter the outcome of the case. If it is harmless, the higher courtroom will affirm the lower courtroom'southward judgment.[6]

  • De novo

"De novo" is a Latin term meaning afresh or kickoff again. When a higher court applies this standard, it is reviewing the lower court's application, estimation, or structure of the police force.[six] In essence, the appellate court is viewing the example as if not legal determination had been made previously. The trial court's findings of fact, still, are non disturbed.[7]

  • Conspicuously erroneous

This standard is used when the highly-seasoned party disputes the trial court'south findings of fact. Because the trial court is in a special position to approximate 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 evidently mistaken or wrong, those findings will not be overturned.[7]

Ballotpedia:Index of Terms

Run across also

  • Appellate
  • Appellate Courtroom
  • Appellate review

Footnotes

  1. ↑ Cornell Academy Law School: Wex Legal Dictionary and Encyclopedia, accessed August 20, 2013
  2. ↑ Us Legal: Appellate Jurisdiction Constabulary & Legal Definition, accessed Baronial 20, 2013
  3. ↑ 3.0 three.1 U.S. Courts: "About the Supreme Courtroom," 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 Feb 17, 2015
  6. ↑ 6.0 6.1 6.2 6.3 6.4 Lawyers: "Standards of Review," accessed January 17, 2015
  7. ↑ 7.0 7.i Ninth Circuit Court of Appeals: "Standards of Review," accessed January 17, 2015