Simone Lawson
The appellate process is a legal concept that allows for a formal request to a higher court, often called an appellate court, to review the decision of a lower court. In the United States, the Constitution, under Article III, establishes the federal judiciary, including the Supreme Court, and authorizes Congress to pass laws establishing a system of lower courts. The Supreme Court, as the highest court in the land, has the power of judicial review, which plays a crucial role in maintaining the balance of power between the branches of government and protecting civil rights and liberties. The appellate process is an essential aspect of the judicial system, allowing for the correction of errors made by lower courts and ensuring that cases are decided fairly and in accordance with the law.
| Characteristics | Values |
|---|---|
| Number of appellate courts | 13 |
| Number of district courts | 94 |
| Number of bankruptcy courts | 90 |
| Highest appellate court | U.S. Supreme Court |
| Appellate court's task | To determine whether the law was applied correctly in the trial court or federal administrative agency |
| Jurisdiction of the Supreme Court | Original and appellate |
| Appellate jurisdiction of the Supreme Court | "Both as to Law and Fact" |
| Appellate jurisdiction of inferior courts | Not prescribed by Article III |
| Appellate jurisdiction of the circuit courts | Granted by the Judiciary Act of 1789 |
| Appellate jurisdiction of the Supreme Court (as per the Judiciary Act of 1789) | Review by writ of error final judgments in civil actions in circuit courts |
| Appellate jurisdiction of the Supreme Court (as per the 1891 Act) | Review interlocutory orders granting injunctions |
| Appellate cases in the 1950s and 1960s | Civil rights suits, especially involving school desegregation |
| Appellate cases in the 1990s | Federal question civil suits, including prisoner petitions |
| Appellate cases in the late twentieth century | Criminal appeals |
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What You'll Learn
The US Constitution and the appellate process
The US Constitution establishes the judiciary as one of the three distinct branches of the federal government. Article III of the Constitution establishes the Supreme Court and authorises Congress to pass laws establishing a system of lower courts. The Supreme Court is the highest court in the United States, with the power of judicial review, and it plays a crucial role in maintaining the balance of power between the branches of government.
The US Constitution also recognises the existence of inferior courts, which are established by Congress. These include the US Courts of Appeals, which sit below the Supreme Court, and the US District Courts, which are the trial courts. The US Courts of Appeals, also known as appellate courts, review cases decided in the District Courts and determine whether the law was applied correctly. They do not retry cases, hear new evidence, or hear witness testimony.
Appellate courts have the power to review issues of law de novo, without deference to the lower court's interpretation. They can reverse or modify the lower court's decision if they believe the law or facts were misapplied. However, if an error of fact is found, the appellate court cannot retry the issue itself but must remand it to the lower court with instructions for a new trial or new findings.
The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over almost all other cases involving constitutional or federal law. The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether to hear a case on appeal.
The US Constitution, through Article III, thus establishes the framework for the appellate process by creating the Supreme Court, authorising inferior courts, and outlining their respective jurisdictions. The specific procedures and rules governing the appellate process are further shaped by Acts of Congress and judicial precedent.
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The role of the Supreme Court
The U.S. Supreme Court is the highest court in the country, established by Article III of the U.S. Constitution. It is the final court of appeal, with the power to review decisions made by lower courts and federal administrative agencies. The Supreme Court has original jurisdiction over certain cases, such as disputes between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear appeals on a wide range of cases involving constitutional or federal law.
The Supreme Court plays a crucial role in the constitutional system of government. As the court of last resort, it ensures justice and maintains the balance of power between the three branches of government: legislative, executive, and judicial. The Supreme Court's power of judicial review allows it to strike down laws that violate the Constitution, thereby protecting civil rights and liberties. It also sets limits on democratic rule by preventing the majority from passing laws that infringe on the rights of minorities.
The Supreme Court's decisions have far-reaching implications for American society. It has handed down landmark rulings that have expanded the rights of criminal defendants and enhanced civil liberties. The Court's interpretation of the Constitution and federal law guides lower courts and shapes public policy.
The appellate process is a vital aspect of the American judicial system. It provides a mechanism for reviewing lower court decisions and correcting errors. The 13 U.S. courts of appeals, also known as appellate courts, review cases decided in U.S. district courts and federal agencies. These appellate courts do not retry cases or hear new evidence but focus on potential errors in the application of the law by lower courts. They can reverse or modify lower court decisions if they find that the law was misapplied or facts were misinterpreted.
In summary, the U.S. Supreme Court, established by the Constitution, serves as the highest judicial authority in the nation. It safeguards constitutional rights, maintains the balance of power between government branches, and interprets federal law. The appellate process, including the Supreme Court's appellate jurisdiction and the work of lower appellate courts, ensures legal errors can be corrected, and justice is served.
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The jurisdiction of appellate courts
The Supreme Court, the highest court in the country, has appellate jurisdiction over the decisions of the 13 courts of appeals, which, in turn, have jurisdiction over the 94 district or trial courts. The appellate court's task is to determine whether the law was applied correctly in the lower court. The appellate court reviews issues of law de novo, without deference to the lower court's interpretation, and may reverse or modify the decision if it believes the lower court misapplied the facts or the law. If the appellate court finds an error on an issue of fact, it cannot retry the issue itself but can reverse and remand with instructions for a new trial or new findings.
The circuit courts, established as the primary trial courts by the Judiciary Act of 1789, were also granted appellate jurisdiction over some decisions of the federal district courts, particularly in admiralty and civil cases. The Evarts Act of 1891 created the circuit courts of appeals, which have jurisdiction over the district courts, with the right of appeal to the Supreme Court preserved in cases where the amount in controversy was greater than $1,000. The circuit courts of appeals also hear cases arising under federal statutes.
In the late 20th century, criminal appeals made up a significant portion of appeals court caseloads, comprising around a third of all appeals from district courts in 1975, fluctuating between a quarter and a third from the late 1990s to 2012. The growth in appellate cases led Congress to experiment with specialised courts, such as the Temporary Emergency Court of Appeals, which was established in 1971 and granted jurisdiction over appeals from district courts in cases arising under the Economic Stabilization Act of 1970.
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The process of appeals
The US Constitution establishes the judiciary as one of the three branches of the federal government. Article III of the Constitution created the Supreme Court and authorised Congress to pass laws establishing a system of lower courts. There are 13 appellate courts that sit below the US Supreme Court, and they are called US courts of appeals.
An appellate court, commonly called a court of appeals, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. The appellate court's task is to determine whether the law was applied correctly in the trial court or federal administrative agency. The appellate court reviews issues of law de novo (without deference to the lower court's interpretation) and may reverse or modify the lower court's decision if the appellate court believes the lower court misapplied the facts or the law. The appellate court determines whether errors occurred in applying the law at the lower court level. It generally will reverse a trial court only for an error of law. However, not every error of law is cause for a reversal. Some are harmless errors that did not prejudice the rights of the parties to a fair trial.
Appellate courts often issue written decisions, particularly when the decision deals with a new interpretation of the law, establishes a new precedent, etc. At the conference, one judge will be designated to write an opinion. The opinion may go through several drafts before a majority of the court agrees with it. Judges disagreeing with the majority opinion may issue a dissenting opinion. If the judgment is reversed, the appellate court will usually send the cases back to a lower court and order the trial court to take further action.
The process of appeal begins with the appellant filing a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court. The appellee then has a specified time to file an answering brief. The appellant may then file a second brief answering the appellee's brief. Sometimes, appeals courts make their decision only on the basis of the written briefs. Sometimes, they hear oral arguments before deciding a case. At oral argument, each side's attorney is given a relatively brief opportunity to argue the case to the court and answer questions posed by the judges.
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The impact of the appellate process
The appellate process, or the system of appeals, is an important part of the US judicial system, and is indeed granted by the Constitution. Article III of the Constitution established the judicial branch as one of the three branches of the federal government, alongside the legislative and executive branches. The Supreme Court, the highest court in the country, was also created by Article III, which also authorized Congress to pass laws establishing a system of lower courts.
The appellate process also allows for the development and clarification of legal principles. Through oral arguments and written briefs, appellate lawyers present their arguments to a panel of judges, focusing on the legal principles in dispute. This process can lead to new interpretations of the law and the establishment of new precedents. In some cases, the Supreme Court may be asked to review a decision made by an appellate court, further shaping the legal landscape.
The appellate process also has an impact on the caseload of the courts. While criminal appeals have decreased as a proportion of appeals court caseloads over time, other types of appeals, such as federal question civil suits, have increased. The growth in appellate cases has led to the creation of specialized courts to handle the volume.
Overall, the appellate process plays a crucial role in the US judicial system, providing a check on the decisions of lower courts, shaping legal principles, and ensuring justice is served.
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Frequently asked questions
An appellate court is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal.
The appellate court determines whether errors occurred in applying the law at the lower court level. It will reverse a trial court only for an error of law.
Trial courts initially hear cases and consider factual evidence and testimony relevant to the case. Appellate courts do not retry cases, hear new evidence, or hear witnesses testify.
The U.S. Supreme Court is the highest court in the United States and has appellate jurisdiction over all other courts.
