The Arizona Court of Appeals is the intermediate appellate court for the state of Arizona. It is divided into two divisions, with a total of twenty-two judges on the court: sixteen in Division One, based in Phoenix, and six in Division Two, based in Tucson.
An appellate court, commonly called an appeals court, court of appeals, appeal court, 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 which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts nationwide can operate under varying rules.
Arizona is a state in the southwestern region of the United States. It is also part of the Western and the Mountain states. It is the sixth largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona shares the Four Corners region with Utah, Colorado, and New Mexico; its other neighboring states are Nevada and California to the west and the Mexican states of Sonora and Baja California to the south and southwest.
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.
The Court of Appeals has jurisdiction to consider appeals in civil cases from the Arizona Superior Court. The court also reviews juvenile and domestic relations matters from the superior court, workers’ compensation and unemployment benefits decisions, tax court decisions, and certain corporation commission decisions.
Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law.
Civil law is a branch of the law. In common law legal systems such as England and Wales, the law of Pakistan and the law of the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property. Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil proceedings.
The Superior Court of the State of Arizona is the Arizona state court of general jurisdiction.
The court also has jurisdiction over appeals in criminal matters from superior court, except for cases in which a death sentence has been imposed. Death penalty cases go directly to the Supreme Court of Arizona.
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender.
Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution. Crimes that are punishable by death are known as capital crimes or capital offences, and they commonly include offences such as murder, mass murder, terrorism, treason, espionage, offenses against the State, such as attempting to overthrow government, piracy, drug trafficking, war crimes, crimes against humanity and genocide, but may include a wide range of offences depending on a country. Etymologically, the term capital in this context alluded to execution by beheading.
The court may also decide "petitions for special action," which is Arizona’s term for petitions for special writs, such as certiorari, mandamus and prohibition.
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.
Certiorari, often abbreviated cert. in the United States, is a process for seeking judicial review and a writ issued by a court that agrees to review. A certiorari is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.
Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Judges are selected by a modified form of the Missouri Plan. A bipartisan commission considers applicants and sends a list of nominees to the governor. The governor is required by law to appoint from this list based on merit, without regard to party affiliation. Judges are then retained for an initial period, after which they are subject to a retention election. If the judge wins the election, his/her term is six years.
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940 and has been adopted by several states of the United States. Similar methods are used in some other countries.
A judicial retention election is a periodic process in some jurisdictions whereby a judge is subject to a referendum held at the same time as a general election. The judge is removed from office if a majority of votes are cast against retention.
The Court of Appeals decides cases in panels of three judges, called "departments." Each department chooses a presiding judge from among the three. Division One also has a Chief Judge and Vice Chief Judge, elected by all judges in the division.
The process for pro se criminal defendants begins with the dismissal of a Petition for Post Conviction Relief by the superior court. A review of the superior court's decision by the court of appeals begins with a Petition for Review.
While the Court of Appeals is divided into two geographic divisions in Phoenix and Tucson, the superior courts are bound by all of the Court of Appeals decisions, regardless of the division they are issued in. An Arizona trial court is not required to give greater precedent to a Court of Appeals decision from the division it is located in then a decision from the other division.
In the United States, a state supreme court is the ultimate judicial tribunal in the court system of a particular state. On matters of state law, the decisions of a state supreme court are considered final and binding on state and even United States federal courts.
The Court of Cassation is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system, and is the supreme court of appeal in these cases. It has jurisdiction to review the law, and to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in Paris.
The Courts of England and Wales, supported administratively by Her Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases. A superior court is "superior" relative to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts.
The Supreme Court of California is the highest and final court in the courts of the State of California. It resides in the State Building in San Francisco in Civic Center overlooking Civic Center Square along with City Hall. It also holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.
The court system of Canada forms the judicial branch of government, formally known as "The Queen on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
The Superior Court of Justice is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges.
The Alaska Court of Appeals is an intermediate court of appeals in the State of Alaska's judicial department, created in 1980 by the Alaska Legislature as an additional appellate court to lessen the burden on the Alaska Supreme Court. The court of appeals consists of a chief judge and two associate judges, who are all appointed by the governor of Alaska and face judicial retention elections every eight years; the chief judge of the court of appeals is selected from among the three by the chief justice of the supreme court to serve a two-year term.
The Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc. Appeals from the Court of Appeals go to the Supreme Court of Virginia.
The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts, the other being the Commonwealth Court of Pennsylvania. Appeal to the Superior Court is generally of right from final decisions of the Court of Common Pleas. Although different panels of three judges may sit to hear appeals, there is only one Superior Court. The court is based in Harrisburg, Pennsylvania and sits to hear cases in Harrisburg, Pittsburgh, and Philadelphia.
The New Hampshire Superior Court is the statewide court of general jurisdiction which provides jury trials in civil and criminal cases. There are 11 locations of the Superior Court, one for each county and two in Hillsborough County.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The government of Arizona is the governmental structure of the state of Arizona as established by the Arizona Constitution. The executive is composed of the Governor, several other statewide elected officials, and the Governor's cabinet. The Arizona Legislature consists of the House of Representatives and Senate. The judiciary is composed of the Arizona Supreme Court and lower courts. There is also local government, consisting of counties, municipalities and special districts.
In Washington, there are several different state courts. Judges are elected and serve four-year or six-year terms. Most judges first come to office when the governor of Washington appoints them after a vacancy is created - either by the death, resignation, retirement, or removal of a sitting judge, or when a new seat on the bench is created by the Washington State Legislature.
The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law.
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.
The Judiciary of Brazil is the Judiciary branch of the Brazilian government. The structure and the division of jurisdiction of the ramifications of the Brazilian Judiciary is defined in the Brazilian Constitution.
The government of the State of Washington is the governmental structure of the State of Washington as established by the Constitution of the State of Washington. The executive is composed of the Governor, several other statewide elected officials and the Governor's cabinet. The Washington State Legislature consists of the House of Representatives and State Senate. The judiciary is composed of the Washington Supreme Court and lower courts. There is also local government, consisting of counties, municipalities and special districts.
The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.
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