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1
The Difference in How an Appellate Court Views the Case
The Difference in How an Appellate Court Views the Case
::2013/04/22::
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2
2008 Davis Moot Court Winning Oral Argument
2008 Davis Moot Court Winning Oral Argument
::2008/10/23::
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3
Santiago v. Rumsfeld 9th Circuit Court of Appeals 2005
Santiago v. Rumsfeld 9th Circuit Court of Appeals 2005
::2010/01/30::
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4
Newsfirst_Civil Appellate Court justices grant leave to appeal in Capital Maharaja Organisation case
Newsfirst_Civil Appellate Court justices grant leave to appeal in Capital Maharaja Organisation case
::2014/07/22::
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5
The Court System Song
The Court System Song
::2011/01/07::
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6
Appellate Argument
Appellate Argument
::2012/03/09::
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7
Appellate Court Hears Okla. Gay Marriage Case
Appellate Court Hears Okla. Gay Marriage Case
::2014/04/18::
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8
Supreme Court Quashes Five Rulings From Appellate Court
Supreme Court Quashes Five Rulings From Appellate Court
::2014/07/18::
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9
Assembling the Clerk
Assembling the Clerk's Record for Appellate Court
::2012/02/13::
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10
David Allen - Appellate Court Considers Unemployment Compensation Claim
David Allen - Appellate Court Considers Unemployment Compensation Claim
::2014/02/13::
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11
Follow Up Appellate Court WTFery
Follow Up Appellate Court WTFery
::2014/07/22::
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12
12 Tips for Appellate Advocacy
12 Tips for Appellate Advocacy
::2011/10/27::
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13
2013 ABA National Appellate Advocacy Competition - Respondent (Miami Law - Moot Court - Practice)
2013 ABA National Appellate Advocacy Competition - Respondent (Miami Law - Moot Court - Practice)
::2013/04/08::
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14
Appellate Court upholds Timamy election
Appellate Court upholds Timamy election
::2013/11/21::
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15
2013 ABA National Appellate Advocacy Competition - Petitioner (Miami Law - Moot Court - Practice)
2013 ABA National Appellate Advocacy Competition - Petitioner (Miami Law - Moot Court - Practice)
::2013/04/08::
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16
Second Appellate Court Changing the California Constitution
Second Appellate Court Changing the California Constitution
::2010/07/14::
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17
Second Appellate Court-Inverse Condemnation
Second Appellate Court-Inverse Condemnation
::2010/07/14::
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18
CA Appellate Court Legacy Project -- Justice William Masterson, LLB
CA Appellate Court Legacy Project -- Justice William Masterson, LLB '58
::2011/12/12::
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19
Abrams Verdict: Siegelman Released From Jail
Abrams Verdict: Siegelman Released From Jail
::2008/03/29::
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20
APPELLATE COURT UPHOLDS DECISION ON PRETRIAL DETENTION OF PARVIZ HASHIMLI
APPELLATE COURT UPHOLDS DECISION ON PRETRIAL DETENTION OF PARVIZ HASHIMLI
::2013/12/02::
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21
Winning Argument - 2010 John W. Davis Appellate Advocacy Competition Finals
Winning Argument - 2010 John W. Davis Appellate Advocacy Competition Finals
::2010/11/15::
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22
Oral Argument in People v  Tyrone Watt, Illinois Appellate Court, Second District, December 4, 2013
Oral Argument in People v Tyrone Watt, Illinois Appellate Court, Second District, December 4, 2013
::2014/03/14::
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23
CA Appellate Court Legacy Project -- Justice Joan Dempsey Klein
CA Appellate Court Legacy Project -- Justice Joan Dempsey Klein '54
::2011/12/12::
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24
Appellate court hears challenge to bullet-train bonds - California High Speed Rail
Appellate court hears challenge to bullet-train bonds - California High Speed Rail
::2014/05/23::
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25
CA Appellate Court Legacy Project -- Justice Charles Vogel, LLB
CA Appellate Court Legacy Project -- Justice Charles Vogel, LLB '59
::2011/12/13::
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26
APPELLATE COURT BEGINS HEARING OF GULAR AHMADOVA
APPELLATE COURT BEGINS HEARING OF GULAR AHMADOVA'S APPEAL
::2014/02/06::
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27
Appellate court considers Utah
Appellate court considers Utah's gay marriage ban
::2014/04/10::
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28
Foreclosure Appellate Court- Consumer Claims Gutted!
Foreclosure Appellate Court- Consumer Claims Gutted!
::2013/08/21::
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29
"Spank" You  - New York Appellate Court Rules Parents Can Spank Their Kids - Fox & Friends
"Spank" You - New York Appellate Court Rules Parents Can Spank Their Kids - Fox & Friends
::2014/07/21::
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30
APPELLATE COURT UPHOLDS JOURNALIST NIJAT ALIYEV
APPELLATE COURT UPHOLDS JOURNALIST NIJAT ALIYEV'S CONVICTION
::2014/06/30::
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31
35 Years of Retention Elections of Appellate Court Judges in Florida: Has the System Measured Up?
35 Years of Retention Elections of Appellate Court Judges in Florida: Has the System Measured Up?
::2012/10/10::
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32
APPELLATE COURT KEEPS ANAR MAMMADLI IN DETENTION
APPELLATE COURT KEEPS ANAR MAMMADLI IN DETENTION
::2014/03/16::
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33
Sonnet 71 - Holocaust Memorial, Appellate Court, Manhattan
Sonnet 71 - Holocaust Memorial, Appellate Court, Manhattan
::2013/06/12::
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34
APPELLATE COURT REJECTS JOURNALIST PARVIZ HASIMLI`S APPEAL AGAINST HIS DETENTION
APPELLATE COURT REJECTS JOURNALIST PARVIZ HASIMLI`S APPEAL AGAINST HIS DETENTION
::2013/09/28::
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35
Net Neutrality is Dead After Appellate Court Ruling
Net Neutrality is Dead After Appellate Court Ruling
::2014/01/14::
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36
Appellate court
Appellate court
::2013/09/16::
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37
Appellate Court Allows Wambora To Stay In Office Until 30th September
Appellate Court Allows Wambora To Stay In Office Until 30th September
::2014/06/25::
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38
Appellate Court Judge Rodolfo "Rudy" Garcia Speaks at Latino Law Students Forum at DePaul Law School
Appellate Court Judge Rodolfo "Rudy" Garcia Speaks at Latino Law Students Forum at DePaul Law School
::2012/03/06::
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39
CA Appellate Court Legacy Project -- Justice Elwood Lui
CA Appellate Court Legacy Project -- Justice Elwood Lui '69
::2011/12/12::
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40
4th District Illinois Appellate Court at EIU
4th District Illinois Appellate Court at EIU
::2014/04/04::
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41
Appellate court upholds new trial for Cody Guedry
Appellate court upholds new trial for Cody Guedry
::2012/09/10::
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42
Appellate Court Sets 24th June As Date Of Hearing Of Wambora
Appellate Court Sets 24th June As Date Of Hearing Of Wambora's Appeal
::2014/06/04::
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43
NJ Appellate Court Rules Against Additional Requirements- Shelly Kennedy on Outreach
NJ Appellate Court Rules Against Additional Requirements- Shelly Kennedy on Outreach
::2014/01/09::
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44
10. Circuit Court (Appellate Court)
10. Circuit Court (Appellate Court)
::2013/04/11::
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45
Drew Peterson: Appellate court ordered to reconsider hearsay statements. Legal expert
Drew Peterson: Appellate court ordered to reconsider hearsay statements. Legal expert
::2011/11/30::
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46
Appellate Court Judge Rodolfo (Rudy) Garcia on CAN TV
Appellate Court Judge Rodolfo (Rudy) Garcia on CAN TV
::2012/03/13::
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47
Oral Argument in People v. Daniel Garcia-Cordova, Illinois Appellate Court, Second District,
Oral Argument in People v. Daniel Garcia-Cordova, Illinois Appellate Court, Second District,
::2014/03/13::
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48
Aria Jewett - Lawyer John Phillips Argues for Bullying Victim Before Appellate Court
Aria Jewett - Lawyer John Phillips Argues for Bullying Victim Before Appellate Court
::2013/11/10::
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49
Sawyier, Duff & Waltz for Appellate Court Judge (Political Ad, 1978)
Sawyier, Duff & Waltz for Appellate Court Judge (Political Ad, 1978)
::2012/05/27::
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Divorce case moves to Appellate Court
Divorce case moves to Appellate Court
::2010/04/22::
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From Wikipedia, the free encyclopedia
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"Court of appeal" and "Court of appeals" redirect here. For other uses, see Court of appeal (disambiguation) and Court of appeals (disambiguation).

An appellate court, commonly called an appeals court or court of appeals (American English)[1] or appeal court (British English) or 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 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 jurisdiction's supreme court is that jurisdiction's highest appellate court.[2] Appellate courts nationwide can operate by varying rules.

The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. "Generally speaking, 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'".[3]

United States[edit]

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. 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.

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[edit]

Many U.S. jurisdictions title their appellate court a court of appeal or court of appeals.[4] 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, courts able to hear appeals are known as an appellate division.

The phrase "court of appeals" most often refers to intermediate appellate courts. However, the New York system is different: the "New York Court of Appeals" is the highest appellate court; and the phrase "New York Supreme Court" applies to the trial court of general jurisdiction.

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, 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 one hand, and appeals from the Court of Federal Claims on the other.

See also[edit]

References[edit]

  1. ^ "Court of appeals". Education.yahoo.com. Retrieved 2012-01-08. 
  2. ^ "Supreme Court". Collins English Dictionary - Complete & Unabridged 11th Edition. Retrieved October 26, 2012 from CollinsDictionary.com. 
  3. ^ State v. Randolph, 210 N.J. 330, 350 n.5 (2012), citing Mandel, New Jersey Appellate Practice (Gann Law Books 2012), chapter 28:2
  4. ^ The term court of appeals is not capitalized in carefully edited texts such as reference works, for example West's Encyclopedia of American Law unless referring to a specific court or courts, but many legal professionals do not comply with this most common English usage shown in major dictionaries and instead capitalize this and many other legal texts.
  • 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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