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An appellate court, commonly called a court of appeal(s), 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 much of the world, court systems are 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 (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules.
In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the entire United States in cases involving certain specialized areas of law.
Circuit courts are court systems in several common law jurisdictions. It may refer to:
The Tennessee Supreme Court is the highest court in the state of Tennessee. The Supreme Court's three buildings are seated in Nashville, Knoxville, and Jackson, Tennessee. The Court is composed of five members: a chief justice, and four justices. As of September 1, 2023, the chief justice is Holly M. Kirby.
A writ of coram nobis is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. The term coram nobis is Latin for "before us" and the meaning of its full form, quae coram nobis resident, is "which [things] remain in our presence". The writ of coram nobis originated in the courts of common law in the English legal system during the sixteenth century.
The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.
Stump v. Sparkman, 435 U.S. 349 (1978), is the leading United States Supreme Court decision on judicial immunity. It involved an Indiana judge who was sued by a young woman who had been sterilized without her knowledge as a minor in accordance with the judge's order. The Supreme Court held that the judge was immune from being sued for issuing the order because it was issued as a judicial function. The case has been called one of the most controversial in recent Supreme Court history.
The High Court of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, and other courts of limited jurisdiction.'" The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." Each division is in turn divided into various parts. "The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division".
The United States District Court for the Eastern District of Tennessee is the federal court in the Sixth Circuit whose jurisdiction covers most of East Tennessee and a portion of Middle Tennessee. The court has jurisdiction over 41 counties, which are divided among four divisions. Based in Knoxville, Tennessee, it maintains branch facilities in Chattanooga, Tennessee; Greeneville, Tennessee; and Winchester, Tennessee.
The Florida circuit courts are state courts and trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution.
The South Carolina Court of Appeals is the intermediate-level appellate court for the state of South Carolina.
The Superior Court is Georgia's general jurisdiction trial court. It has exclusive, constitutional, authority over felony cases, divorce, equity and cases regarding title to land. The exclusive jurisdiction of this court also covers such matters as declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition. The Superior Court corrects errors made by lower courts by issuing writs of certiorari; for some lower courts, the right to direct review by the Superior Court applies.
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.
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 Judiciary of Louisiana is defined under the Constitution and law of Louisiana and is composed of the Louisiana Supreme Court, the Louisiana Circuit Courts of Appeal, the District Courts, the Justice of the Peace Courts, the Mayor's Courts, the City Courts, and the Parish Courts. The Chief Justice of the Louisiana Supreme Court is the chief administrator of the judiciary, and its administration is aided by the Judiciary Commission of Louisiana, the Louisiana Attorney Disciplinary Board, and the Judicial Council of the Supreme Court of Louisiana.
The judiciary of Michigan is defined under the Michigan Constitution, law, and regulations as part of the Government of Michigan. The court system consists of the Michigan Supreme Court, the Michigan Court of Appeals as the intermediate appellate court, the circuit courts and district courts as the two primary trial courts, and several administrative courts and specialized courts. The Supreme Court administers all the courts. The Michigan Supreme Court consists of seven members who are elected on non-partisan ballots for staggered eight-year terms, while state appellate court judges are elected to terms of six years and vacancies are filled by an appointment by the governor, and circuit court and district court judges are elected to terms of six years.
References
- 1 2 3 4 5 6 7 Workman, Dale. "The Courts of Tennessee". Knoxville Bar Association. Retrieved 1 May 2015.
- ↑ Scott, Edward (1821). Laws of the State of Tennessee : including those of North Carolina now in force in this state : from the year 1715 to the year 1820, inclusive (Scott's Edition 1811-1820 ed.). Heiskell & Brown. p. 10.