Definition
An appellate court, also known as an appeals court, is a court that has the authority to examine and possibly overturn the decision of a lower court. The primary function of appellate courts is to ensure that the law has been correctly applied by the trial court. They do not conduct new trials or hear new evidence but review the record of the lower court’s proceedings to determine if legal errors were made that could have affected the outcome of the case.
Examples
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U.S. Court of Appeals: This is the intermediate appellate court in the federal system, which reviews decisions from district courts. There are thirteen U.S. Courts of Appeals, including one for each of the twelve regional circuits and one for the Federal Circuit which handles specialized cases.
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U.S. Supreme Court: The highest court in the United States, which reviews cases from lower federal courts and state supreme courts. It has the final say on constitutional questions and other significant legal issues.
Frequently Asked Questions (FAQs)
What cases can be brought to an appellate court?
Not all cases can be appealed. Generally, appeals must be based on a claim that there was a legal error in the trial court’s proceedings. This can include misapplication of the law, procedural errors, or substantial reasons affecting the rights of the parties.
How is an appellate court different from a trial court?
A trial court is the first court to hear a case, where evidence and testimonies are presented. An appellate court, on the other hand, reviews the trial court’s application of the law rather than re-examining factual evidence.
What is the role of an appellate court?
The main role of an appellate court is to ensure that the law was applied correctly and fairly in the trial court. It also sets legal precedents that lower courts must follow.
How many judges are typically on an appellate court panel?
A typical appellate court panel consists of three judges. In some cases, such as in the U.S. Supreme Court or en banc reviews, a larger number of judges may be involved.
Can new evidence be introduced in an appellate court?
No, appellate courts review the decisions of lower courts based on the records and evidence presented during the initial trial. New evidence is typically not considered.
Related Terms
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Writ of Certiorari: An order by a higher court directing a lower court to send the record in a given case for review. Often associated with the U.S. Supreme Court.
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En Banc: A session in which a case is heard before all the judges of a court rather than by a panel of judges selected from them. Used in appellate courts to address extremely important issues or inconsistencies in rulings.
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Stare Decisis: The doctrine that courts should adhere to precedents set by previous decisions to ensure legal consistency and predictability.
Online References
- United States Courts - Appeals
- Cornell Law School Legal Information Institute - Appellate Court
- Oyez - U.S. Supreme Court
Suggested Books for Further Studies
- “Appellate Practice in Federal and State Courts” by David M. Axelrad
- “Principles of Appellate Advocacy” by John M. Carter
- “Direct and Cross-Examination of Expert Witnesses at Deposition and Trial” by Michael J. F. Smith
- “Appellate Jurisdiction in the United States: The Supreme Court and the Federal Court System” by Howard W. Holmes
Fundamentals of Appellate Courts: Business Law Basics Quiz
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