United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts. The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted. There are many types of standard of review for appeals, such as de novo and abuse of discretion. However, most appeals begin when a party files a petition for review to a higher court for the purpose of overturning the lower court's decision.
The terms moot, mootness and moot point are used in both in English and American law, although with different meanings.
Chisholm v. Georgia, 2 U.S. 419 (1793), is considered the first United States Supreme Court case of significance and impact. Since the case was argued prior to the formal pronouncement of judicial review by Marbury v. Madison (1803), there was little available legal precedent. The Court in a 4–1 decision ruled in favor of Alexander Chisholm, executor of an estate of a citizen of South Carolina, holding that Article III, Section 2 grants federal courts jurisdiction in cases between a state and a citizen of another state wherein the state is the defendant.
The Supreme Court of the United States handed down sixteen per curiam opinions during its 2005 term, which lasted from October 3, 2005, until October 1, 2006.
This is a list of cases reported in volume 2 U.S. of United States Reports, decided by the Supreme Court of the United States from 1791 to 1793. Case reports from other federal and state tribunals also appear in 2 U.S..
West v. Barnes, 2 U.S. 401 (1791), was the first United States Supreme Court decision and the earliest case calling for oral argument. Van Staphorst v. Maryland (1791) was docketed prior to West v. Barnes but settled before the Court heard the case: West was argued on August 2 and decided on August 3, 1791. Collet v. Collet (1792) was the first appellate case docketed with the Court but was dropped before it could be heard. Supreme Court Reporter Alexander Dallas did not publish the justices' full opinions in West v. Barnes, which were published in various newspapers around the country at the time, but he published an abbreviated summary of the decision.
Baylis v. Travelers' Insurance Company, 113 U.S. 316 (1885), was a case where after close of testimony in a trial, the defendant moved to dismiss on the ground of the insufficiency of the evidence to sustain a verdict. This motion was denied and the plaintiff asked that the case be submitted to the jury to determine the facts on the evidence. The court refused this, and plaintiff excepted. The court then ordered a verdict for plaintiff, subject to its opinion, whether the facts proved were sufficient to render defendant liable to plaintiff on the cause of action stated. Plaintiff moved for judgment on the verdict, and defendant moved for judgment on the pleadings and minutes of trial. Judgment was rendered for defendant upon an opinion of the court as to the effect of the evidence and as to the law on the facts as deduced from it by the court. Held that the plaintiff was thereby deprived of his constitutional right to a trial by jury, which he had not waived, and to which he was entitled.
Ex parte Fisk, 113 U.S. 713 (1885), was a case in which Francis B. Fogg brought suit in the Supreme Court of the State of New York against Fisk to recover the sum of $63,250 on the allegation of false and fraudulent representations made by Fisk in the sale of certain mining stocks. Fisk was held in contempt when he declined to answer questions his attorney believed violated the Fifth Amendment.
Bingham v. Cabot, 3 U.S. 382 (1798), was a United States Supreme Court case involving the Cabot family, a wealthy Yankee shipping family from New England. It was the second such case following the 1795 Bingham v. Cabot case. In the case the Court held that in diversity suits in federal courts, a party must allege appropriate citizenship and not simply residence, otherwise it may be stricken from the docket.
Gregory v. Hartley, 113 U.S. 742 (1885), was a case in error to the Supreme Court of the State of Nebraska where it was decided and reaffirmed that the words "term at which said cause could be first tried and before the trial thereof," Act of March 3, 1875, c. 137, § 3, 18 Stat. 471, mean the first term at which the cause is in law triable, i.e., in which it would stand for trial if the parties had taken the usual steps as to pleadings and other preparations. Babbitt v. Clark, 103 U.S. 808, and Pullman Palace Car Co. v. Speck, ante, 113 U.S. 87.
Griffin v. Illinois, 351 U.S. 12 (1956), was a case in which United States Supreme Court held that a criminal defendant may not be denied the right to appeal by inability to pay for a trial transcript.
Turner v. Enrille, 4 U.S. 7 (1799), was a 1799 decision of the United States Supreme Court. The Supreme Court "affirmed the decision in Bingham v. Cabot, et al. and reversed the judgment because the record did not show the alienage of the plaintiff below, nor the citizenship of the defendants."
Malony v. Adsit, 175 U.S. 281 (1899), is a United States Supreme Court case involving a land lot in the city of Juneau, Alaska. In resolving the land dispute it was held that a bill of exceptions could only be considered if authenticated by the judge who sat on the trial.
The Marshall Court (1801–1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are United States v. Simms (1803), United States v. More (1805), Ex parte Bollman (1807), United States v. Hudson (1812), Cohens v. Virginia (1821), United States v. Perez (1824), Worcester v. Georgia (1832), and United States v. Wilson (1833).
United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit. The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration. The action was a personal action only available in respect of money, rather than other benefits. Where the benefit received by the defendant was services or goods, the appropriate action was a quantum meruit or a quantum valebant, respectively.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
A certificate of division was a source of appellate jurisdiction from the circuit courts to the Supreme Court of the United States from 1802 to 1911. Created by the Judiciary Act of 1802, the certification procedure was available only where the circuit court sat with a full panel of two: both the resident district judge and the circuit-riding Supreme Court justice. As Chief Justice John Marshall wrote, he did not have "the privilege of dividing the court when alone."
The former Court of Appeals in Cases of Capture, established by resolution of the Continental Congress on January 15, 1780, was the first federal court in the United States. The court had jurisdiction over cases for the capture of enemy ships and cargo.
