Appeal

appellateappellantwrit of errorappealsleave to appealappealedappelleeappellate reviewnotice of appealwrits of error
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision.wikipedia
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United States courts of appeals

United States Court of AppealsU.S. Court of AppealsCourt of Appeals
Two years later, the right to appeals was extended to other criminal cases, and the United States Courts of Appeals were established to review decisions from district courts.
The courts are divided into 13 circuits, and each hears appeals from the district courts within its borders, or in some instances from other designated federal courts and administrative agencies.

Standard of review

de novode novo reviewarbitrary and capricious
A fundamental premise of many legal systems is that appellate courts review questions of law de novo, but appellate courts do not conduct independent fact-finding.
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal.

Appellate court

Court of AppealCourt of Appealsappeals court
Instead, appellate courts will generally defer to the record established by the trial court, unless some error occurred during the fact-finding process.
An appellate court, commonly called an appeals court, court of appeals (American English), appeal court (British English), 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.

Petition for review

request to reviewreviewed
The appellate process usually begins when an appellate court grants a party's petition for review or petition for certiorari.
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review and make changes to the judgment of a lower court or administrative body.

Lawsuit

litigationsuedcivil suit
Although some courts permit appeals at preliminary stages of litigation, most litigants appeal final orders and judgments from lower courts.
After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court.

Certiorari

certwrit of certioraricert.
The appellate process usually begins when an appellate court grants a party's petition for review or petition for certiorari.
In the United States, certiorari is most often seen as the writ that the Supreme Court of the United States issues to a lower court to review the lower court's judgment for legal error (reversible error) and review where no appeal is available as a matter of right.

Appellate procedure in the United States

appealappellate lawdirect appeal
United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts.

Brief (law)

briefbriefslegal brief
Before making any formal argument, parties will generally submit legal briefs in which the parties present their arguments.
The party filing the appeal – called the petitioner or appellant, who is attempting to convince the appellate court to overturn the lower court decision – is responsible for submitting his brief first.

Trial court

court of first instancefirst instancecourts of first instance
Instead, appellate courts will generally defer to the record established by the trial court, unless some error occurred during the fact-finding process.
In the case of most judges hearing cases through the bench trial process, they would prefer that all parties are given an opportunity to offer a vigorous and robust case presentation, such that, errors in testimony, procedures, statutes, etc., do not grow "crab legs" -- meaning compounded errors -- and are remanded or returned to their court on appeal.

Scope of review

The scope of review refers generally to the right to have an issue raised on appeal.

Supreme Court of the United States

United States Supreme CourtU.S. Supreme CourtSupreme Court
For example, the Supreme Court of the United States primarily hears cases on appeal but retains original jurisdiction over a limited range of cases.
In the past, circuit justices also sometimes ruled on motions for bail in criminal cases, writs of habeas corpus, and applications for writs of error granting permission to appeal.

Law

legallawslegal theory
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision.

Common law

common-lawcourts of common lawcommon
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. In the Eighteenth century, William Blackstone observed in his Commentaries on the Laws of England that appeals existed as a form of error correction in the common law during the reign of Edward III of England.

Hammurabi

HamurabiKing HammurabiḪammu-rapī
During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land.

Ancient Rome

RomanRomansRome
Ancient Roman law employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor.

Roman emperor

EmperoremperorsWestern Roman Emperor
Ancient Roman law employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor.

Kamakura shogunate

KamakuraKamakura Bakufushogunate
Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE).

Hikitsuke

Hikitsukeshu
During this time, the Shogunate established hikitsuke, a high appellate court to aid the state in adjudicating lawsuits.

William Blackstone

BlackstoneSir William BlackstoneBlackstone, Sir William
In the Eighteenth century, William Blackstone observed in his Commentaries on the Laws of England that appeals existed as a form of error correction in the common law during the reign of Edward III of England.

Commentaries on the Laws of England

CommentariesBlackstone's CommentariesBlackstone's ''Commentaries
In the Eighteenth century, William Blackstone observed in his Commentaries on the Laws of England that appeals existed as a form of error correction in the common law during the reign of Edward III of England.

Edward III of England

Edward IIIKing Edward IIIKing Edward III of England
In the Eighteenth century, William Blackstone observed in his Commentaries on the Laws of England that appeals existed as a form of error correction in the common law during the reign of Edward III of England.

United States district court

U.S. District Courtfederal district courtdistrict court
Two years later, the right to appeals was extended to other criminal cases, and the United States Courts of Appeals were established to review decisions from district courts.

Minnesota

MNState of MinnesotaMinnesota, USA
Some states, such as Minnesota, still do not formally recognize a right to criminal appeals.

Jurisdiction

jurisdictionsjurisdictionallegal jurisdiction
Many jurisdictions provide a statutory or constitutional right for litigants to appeal adverse decisions.