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Topic: Appellate court


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In the News (Sat 15 Dec 18)

  
  FSM Constitution - Article 11
The proper procedure, in accordance with Kosrae State law and the FSM appellate rules, in filing a notice of appeal from a decision of the Kosrae State Court is to file notice in both Kosrae State Court and the FSM Supreme Court, either with the trial division in Kosrae or directly with the appellate division.
The appellate division of the Supreme Court of the FSM may accept direct filing of a case and an expedited briefing schedule may be established where there is limited time available and prompt resolution of the issues in the case is decidedly in the nat.
Normally the trial court fashions the remedies and sanctions for failure of a party to comply with discovery requirements and the exercise of the trial court's discretion should not be disturbed by an appellate court absent a showing that the trial court's action has unfairly resulted in substantial hardship and prejudice to a party.
www.fsmlaw.org /fsm/constitution/article11.htm   (10021 words)

  
 Learn more about Court in the online encyclopedia.   (Site not responding. Last check: 2007-11-07)
A court is an official, public forum which is established by the lawful authority of a public power for the adjudication of disputes, and dispense civil, labour, administrative and criminal justice under the law.
Some courts may function with a jury that make decisions about the facts before the court under the direction of the judge; in other courts, such as appellate courts, all decisions are made by judges.
The extent of a court's power to hear the various matters which come before it is known as that court's jurisdiction, which is granted by a constitutional provision, Act of Parliament or by an enabling statute.
www.onlineencyclopedia.org /c/co/court.html   (319 words)

  
 LII: Law about...Appellate Procedure   (Site not responding. Last check: 2007-11-07)
Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments.
Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law, achieving a uniform approach across courts, and the pursuit of justice, more generally.
State appellate courts are governed by their own state rules of appellate procedure.
www.law.cornell.edu /topics/appellate_procedure.html   (335 words)

  
 Encyclopedia article on Appellate court [EncycloZine]   (Site not responding. Last check: 2007-11-07)
Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not.
If the appellate court does find a legal defect in the decision "below" (i.e., in the lower court), it may "modify" the ruling to correct the defect, or it may nullify ("reverse" or "vacate") the whole decision or any part of it.
This would be the proper standard of review, for example, if the lower court resolved the case by a pre-trial summary judgment motion to dismiss which is usually based only upon written submissions to the trial court and not on any trial testimony.
encyclozine.com /Appellate_court   (613 words)

  
 How Appealing   (Site not responding. Last check: 2007-11-07)
Some appellate judges profess that the skills necessary to be a successful appellate advocate differ meaningfully from the skills needed to be a successful attorney in the trial court.
My guess, and it is only a guess, is that the rule stems from a concern that the trial judge might have a subliminal tendency to reinforce his or her earlier disposition of a case (for example, in the course of evidentiary rulings) in the handling of the second trial.
You have received federal appellate court rulings that reverse your decisions as a trial judge, and you have written and joined in federal appellate court rulings that reverse the decisions of other trial judges.
appellateblog.blogspot.com   (9345 words)

  
 Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ...
Court of original jurisdiction -A court where a matter is initiated and heard in the first instance; a trial court.
Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.
Removal The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.
www.aa-accidentattorneys.com /legal_dictionary.html   (13605 words)

  
 Utah State Courts
The mission of the Utah Courts is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.
The court maintains a voice message system that allows the public to receive information about decisions to be issued by the court.
Appellate opinions can now be downloaded by AvantGo users.
www.utcourts.gov /opinions   (241 words)

  
 AllRefer.com - Martin v. Hunter's Lessee, Court Case (Court Cases) - Encyclopedia
The Virginia court of appeals upheld the grant to Hunter, but on appeal the U.S. Supreme Court voided the grant (1813).
The Virginia court refused to obey the Supreme Court ruling, declaring that it had no right to review the decisions of state courts under the U.S. Constitution.
When the case again came before the Supreme Court, Justice Story ruled that section 25 of the Judiciary Act of 1789, which granted the U.S. Supreme Court appellate jurisdiction over state courts in certain situations (as in this case, where a state court denied the validity of a federal statute), was constitutional.
reference.allrefer.com /encyclopedia/M/MartinvH.html   (331 words)

  
 Administrative Office of the Courts
William M. Barker of Chattanooga was unanimously elected Tuesday by the Tennessee Supreme Court to serve as its chief justice.
The Tennessee Supreme Court is seeking a qualified individual to serve as the state court administrator.
Birch is a former chief justice of the Tennessee Supreme Court.
www.tsc.state.tn.us   (1434 words)

  
 Hamilton Co. Court of Appeals   (Site not responding. Last check: 2007-11-07)
The First District Court of Appeals is one of twelve appellate districts in the state of Ohio.
This court and its personnel are committed to serving the citizens of Hamilton County, Ohio in an open, orderly and efficient manner.
The Court shall not be held liable for damages of any kind regarding the use of the information as there are no warranties or guarantees of any kind concerning the material.
www.hamilton-co.org /appealscourt   (224 words)

  
 California Courts: Opinions of the Supreme Court and Courts of Appeal
(See Cal. Rules of Court, rules 976, 976.1, 977, and 978.) Some opinions will become superseded during the 120 days they are posted on this page; superseded opinions may generally not be cited or relied on by courts or parties.
Court of Appeal opinions are routinely posted within a few hours of filing.
Unpublished Court of Appeal opinions are available for a limited time after filing here.
www.courtinfo.ca.gov /opinions   (252 words)

  
 Minnesota State Court Opinions   (Site not responding. Last check: 2007-11-07)
The official opinions of the Minnesota appellate courts are those published by Thomson West in the North Western Reporter or Minnesota Reporter.
Unpublished opinions of the court of appeals are not precedential and may not be cited except as provided by Minn.
See Minnesota Appellate Court Opinions and Orders for an article about the various opinions and orders issued by the courts.
www.lawlibrary.state.mn.us /archive   (154 words)

  
 Case Inquiry System for the Kansas Appellate Courts   (Site not responding. Last check: 2007-11-07)
To access case information, enter the five-digit appellate court case number or the party's name and/or the county's name.
Although the complete appellate court case number contains a year and court designation (e.g., 02-88639-S), this inquiry system uses only the center five digits.
If you do not know the appellate court case number, you may search by entering the party's name and/or the county's name.
intra.kscourts.org:7780 /pls/coa/clerks_office.request_case   (157 words)

  
 Appellate.net
Mayer, Brown, Rowe and Maw LLP's Appellate and Supreme Court Practice is the nation's oldest and largest.
Here, we have collected information and links relevant to Supreme Court and appellate practice, as well as information about our attorneys and the cases we have handled in recent years.
With two current members of Mayer, Brown, Rowe and Maw LLP's appellate litigation group among its coauthors, the leading treatise on Supreme Court litigation -- Supreme Court Practice by Robert L. Stern, Eugene Gressman, Stephen M. Shapiro, and Kenneth S. Geller -- is written from the authors' firsthand knowledge and experience.
www.appellate.net   (874 words)

  
 Tasini v. New York Times, Appellate Court Opinion - Special Libraries Association
On cross motions for summary judgment, the United States District Court for the Southern District of New York held that appellees' use of the articles was protected by the "privilege" afforded to publishers of "collective works" under Section 201(c) of the Copyright Act of 1976 ("Act" or "1976 Act"), 17 U.S.C. 201(c).
The district court held that making the articles available on the databases constitutes a revision of the individual periodicals and that appellees' licensing arrangements were protected under Section 201(c).
However, we agree with the district court that paragraph (a) of that agreement does not authorize such a license, and the record is clear that Time cannot invoke the conditional license provided in paragraphs (b) and (c).
www.sla.org /content/SLA/advocacy/infobank/tasinivnytimes.cfm   (4734 words)

  
 Texas Judiciary Online - Texas Appellate Courts   (Site not responding. Last check: 2007-11-07)
The fourteen Courts of Appeals have intermediate appellate jurisdiction in both civil and criminal cases appealed from district or county courts.
The specific number of justices on each Court is set by statute and ranges from three to thirteen.
Appeals in the Courts of Appeals are usually heard by a panel of three justices, unless in a particular case an en banc hearing is ordered, in which instance all the justices of that Court hear and consider the case.
www.courts.state.tx.us /appcourt.asp   (169 words)

  
 New York State Court of Appeals Home Page
New York's highest appellate court was established to articulate statewide principles of law in the context of deciding particular lawsuits.
Oral arguments at the Court of Appeals are held during nine calendar months, and the Court usually sits in late August to hear and decide cases related to primary elections.
The Court's decisions are available here the day of their release to the general public.
www.nycourts.gov /ctapps   (554 words)

  
 California Courts - Appellate Court Case Information
Alert: The appellate court case site will be offline from 5:30 - 6:30 pm on Wednesday 8/22/2001 for maintenance.
Searches for Supreme Court and Court of Appeal case information can be initiated by supplying trial court, Court of Appeal, or Supreme Court case number or by supplying case caption, attorney, or party information.
Court of Appeal juvenile and paternity records are confidential and are not available through this facility.
appellatecases.courtinfo.ca.gov   (157 words)

  
 Appellate Court Records Home
The Appellate Court Records Section (ACRS) serves as the case processing office for the Oregon Supreme Court and Court of Appeals.
The ACRS is responsible for processing all documents filed in those courts, calendaring all oral arguments, distributing opinions and issuing appellate judgments.
The Supreme Court Building is on the corner of State Street and 12th Street (one block east of the State Capitol).
www.ojd.state.or.us /osca/acs/records   (298 words)

  
 Oregon Court of Appeals
The court has jurisdiction to hear all civil and criminal appeals from circuit courts, except death penalty cases, and to review most state administrative agency actions.
The Chief Justice of the Supreme Court appoints the Chief Judge from among the ten judges on the Court of Appeals.
For information on fees, transcripts, appellate case processing, and sample forms, see Appellate Court Records.
www.ojd.state.or.us /courts/coa   (122 words)

  
 Appellate Counsellor Home Page   (Site not responding. Last check: 2007-11-07)
Welcome to the redesigned Appellate Counsellor Home Page, the source for information on the state and federal appellate courts in California.
Tips: Learn about the ins and outs of the appellate process in state and federal court.
Judges: Access brief descriptions of the judges that sit on the state and federal courts in California.
www.appellate-counsellor.com   (158 words)

  
 About Supreme Court
The Supreme Court of North Carolina is the state's highest court, and there is no further appeal in the state from their decisions.
This court has a chief justice and six associate justices who sit together as a panel in Raleigh.
The Supreme Court has no jury, and it makes no determination of fact; rather, it considers error in legal procedures or in judicial interpretation of the law.
www.nccourts.org /Courts/Appellate/Supreme   (87 words)

  
 About Court of Appeals
The Court of Appeals is this state’s only intermediate appellate court.
In fiscal year 2003-2004, more than 1,750 cases were filed with the Court of Appeals.
Cases in which there is a dissent in the Court of Appeals go to the Supreme Court as well as to those that the Supreme Court accepts for review through petition.
www.nccourts.org /Courts/Appellate/Appeal   (104 words)

  
 United States Court of Appeals for the Federal Circuit   (Site not responding. Last check: 2007-11-07)
The United States Court of Appeals for the Federal Circuit announces that Circuit Judge Paul R. Michel assumed the duties of Chief Judge of the court on December 25, 2004.
The court’s Appellate Mediation Pilot Program Committee and the judges have approved a list of individuals to be mediators in the program.
Letter to the Secretary, Committee on Rules of Practice and Procedure, concerning the unanimous opposition of the judges of the Court of Appeals for the Federal Circuit to 3 of the proposed amendments to the Federal Rules of Appellate Procedure.
www.fedcir.gov   (317 words)

  
 Appellate Court Web Docket Sheets   (Site not responding. Last check: 2007-11-07)
Recent entries made in the court filing offices may not be immediately reflected on web generated docket sheets.
The courts of the Unified Judicial System and the Administrative Office of Pennsylvania Courts assume no liability for the use or misuse of this information, inaccurate or delayed data, errors or omissions on the docket sheets.
U.S. District Court for Eastern District of PA District Court for Middle District of PA District Court for Western District of PA Venango County Court of Common Pleas
pacmsdocketsheet.aopc.org   (207 words)

  
 Kansas Supreme Court / Kansas Court of Appeals Opinions   (Site not responding. Last check: 2007-11-07)
The list of unpublished Court of Appeals opinions for September 23, 2005 is available.
The list of unpublished Court of Appeals opinions for June 4, 2004 is available.
Consult the bound volumes of Kansas Reports and Kansas Court of Appeals Reports for the final, official texts of the opinions of the Kansas Supreme Court and the Kansas Court of Appeals.
www.kscourts.org /kscases   (568 words)

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