Arnebia densiflora

Type of court that hears appeals

Overview

An appellate court, also known as an appeals court, court of appeals, or court of second instance, is a court that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the appellate court's task is to determine whether the law was applied correctly in the trial court. Appellate courts do not typically conduct a new trial but review the record of the lower court's proceedings.

Function

The primary function of appellate courts is to review the decisions of lower courts to ensure that the law was correctly interpreted and applied. They do not hear new evidence or testimony but rely on the record of the proceedings from the trial court. Appellate courts may affirm, reverse, or modify the decision of the lower court.

Structure

Appellate courts vary in structure and name across different jurisdictions. In some countries, they are known as courts of appeal, while in others, they may be called appellate divisions or appellate panels. The structure often includes multiple judges, and decisions are typically made by a panel rather than a single judge.

Types of Appellate Courts

Appellate courts can be categorized into several types based on their jurisdiction and the types of cases they handle:

• Intermediate appellate courts: These courts hear appeals from trial courts and are often the first level of appeal. They may be called courts of appeal or appellate divisions.
• Supreme courts: These are the highest appellate courts in a jurisdiction and have the final say on matters of law. They may be called supreme courts, courts of last resort, or high courts.

Appellate Procedure

The appellate process typically involves the following steps:

1. Filing an appeal: The party seeking an appeal, known as the appellant, files a notice of appeal with the appellate court. 2. Briefs: Both parties submit written arguments, known as briefs, outlining their positions and the legal basis for their arguments. 3. Oral arguments: In some cases, the court may hear oral arguments from both parties. 4. Decision: The appellate court issues a written decision, which may affirm, reverse, or modify the lower court's decision.

Significance

Appellate courts play a crucial role in the legal system by ensuring that the law is applied consistently and fairly. They also serve as a check on the power of trial courts and contribute to the development of legal precedents.

Related pages

• Trial court
• Supreme court
• Judicial review
• Legal precedent

Gallery

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  High Court of Australia

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  Supreme Court

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  Helsinki Court of Appeal

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  Supreme Court of Victoria

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  Florida Fifth District Court of Appeal

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  Arnebia densiflora