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Topic: Appellate jurisdiction


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In the News (Mon 28 May 12)

  
  Appeal - Wikipedia, the free encyclopedia
In common law jurisdictions, most commonly, this means formally filing a notice of appeal with a lower court, indicating one's intention to take the matter to the next higher court with jurisdiction over the matter, and then actually filing the appeal with the appropriate appellate court.
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.
Certain jurisdictions permit certain appeals to cause the trial to be heard afresh in the appellate court.
en.wikipedia.org /wiki/Appellate_court   (1356 words)

  
 Appellate jurisdiction - Wikipedia, the free encyclopedia
Appellate jurisdiction refers to the power of a court to review and potentially modify the decisions made by another court or tribunal.
Appellate jurisdiction is addressed in reference to the Supreme Court in Article III, Section 2 of the United States Constitution.
Depending on the court and the type of case, appellate review may consist of an entirely new hearing on the matter (a trial de novo), or may be limited to a review of particular legal rulings made by the inferior tribunal (an appeal on the record).
en.wikipedia.org /wiki/Appellate_jurisdiction   (208 words)

  
 Encyclopedia: Appellate Jurisdiction Act 1876   (Site not responding. Last check: 2007-10-09)
The relevant provisions of the bill were repealed, and the jurisdiction of the House of Lords came to be regulated under the Appellate Jurisdiction Act 1876.
The senior judge and president of the appellate committees is the Lord Chancellor who is also speaker of the House of Lords and a minister in the cabinet.
"The Appellate Jurisdiction of the House of Lords." (2003).
www.nationmaster.com /encyclopedia/Appellate-Jurisdiction-Act-1876   (4390 words)

  
 Appellate review - Wikipedia, the free encyclopedia
Appellate review is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts.
In most jurisdictions the normal and preferred way of seeking appellate review is by filing an appeal of the final judgment.
In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.
en.wikipedia.org /wiki/Appellate_review   (263 words)

  
 The Court Systems That Produce Case Law   (Site not responding. Last check: 2007-10-09)
A court of original jurisdiction is a court that has the power to "try" a case, resolving the merits of a dispute by determining the facts, deciding the legal issues, and applying the law to the facts.
For most cases, however, jurisdiction is determined by the amount in controversy in civil cases and the felony versus misdemeanor classification, or the maximum potential penalty, or both, in criminal cases.
The higher appellate court generally is referred to as the "court of last resort" and hears discretionary appeals from the intermediate appellate court.
academic.udayton.edu /legaled/online/class/case07.htm   (1717 words)

  
 [No title]
It is quite true, as was argued by the counsel for the petitioner, that the appellate jurisdiction of this court is not derived from acts of Congress.
The provision of the act of 1867, affirming the appellate jurisdiction of this court in cases of habeas corpus is expressly repealed.
Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.
www.ucs.louisiana.edu /~ras2777/conlaw/mccardle.html   (697 words)

  
 Understanding the Courts   (Site not responding. Last check: 2007-10-09)
Appellate courts decide their cases on the basis of stenographic record of the testimony at trial, documents presented at trial, pleadings filed, briefs submitted by the parties pointing out the legal authority for the positions they assert and oral arguments where the attorneys attempt to clarify and amplify their respective positions.
Appellate courts review the trial proceedings upon request of one of the parties to ensure both parties received a fair trial with respect to the applicable issues and that the decision was supported by evidence (testimony and documents) presented at trial.
The decision of the highest appellate court is binding on both the intermediate appellate court and the trial court of the same state.
www.upc.state.ut.us /UPAA/courts.htm   (4998 words)

  
 About the Court   (Site not responding. Last check: 2007-10-09)
The Constitution of 1894 provided that the Appellate Division was to succeed to the jurisdiction of the former General Terms and was to have such additional jurisdiction as might be conferred by the Legislature.
This statutory scheme is in general conformity with the intent of the framers of the Constitution of 1894 that the principal purpose of the Appellate Division was to be the promotion of substantial justice by the correction of errors and the screening of cases for the Court of Appeals.
The broad grant of jurisdiction and powers of review to the Appellate Division, the State's population growth, and the increasingly litigious nature of society have resulted in an enormous expansion of the number of appeals, special proceedings, and associated motions presented to the Appellate Division, Second Department, for determination.
www.courts.state.ny.us /courts/ad2/aboutthecourt.shtml   (2012 words)

  
 99-1432
Petition for Writ of Certiorari; Writ of Mandamus dissolved.
When this court asked for briefs on the question of the chancery court's jurisdiction, the parties briefed the issue of whether the chancery court had in fact issued a writ of mandamus, or whether it, in reality, had issued an injunction to prevent a public official from committing an ultra vires act.
This court loses jurisdiction to the trial court once the mandate is issued from this court to the trial court.
courts.state.ar.us /opinions/2000a/20000113/99-1432.html   (1460 words)

  
 [No title]
The Constitution in direct terms gives an appellate jurisdiction to the supreme court in all the enumerated cases of federal cognizance in which it is not to have an original one, without a single expression to confine its operation to the inferior federal courts.
With the exception of those cases, in which original jurisdiction is given to this court, there is none to which the judicial power extends, from which the original jurisdiction of the interior courts is excluded by the Constitution.
It enumerates cases in which its jurisdiction is original and exclusive; and then defines that which is appellate, but does not insinuate that in any such case the power cannot be exercised in its original form by courts of original jurisdiction.
www.constitution.org /wr/rawle_28.txt   (2529 words)

  
 Supreme Court of Ohio / District Courts of Appeal
As intermediate level appellate courts, their primary function is to hear appeals from the common pleas, municipal and county courts.
In addition to their appellate jurisdiction, the courts of appeals have original jurisdiction, as does the Supreme Court, to hear applications for writs of habeas corpus, mandamus, procedendo, prohibition and quo warranto.
Appellate judges must be attorneys with at least six years of experience in the practice of law.
www.sconet.state.oh.us /District_Courts   (260 words)

  
 "Appellate Jurisdiction" Defined
APPELLATE - About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts.
It differs from original jurisdiction, which is the power to entertain suits instituted in the first instance.
www.lectlaw.com /def/a101.htm   (87 words)

  
 Appellate jurisdiction   (Site not responding. Last check: 2007-10-09)
A Separate Jurisdiction for Cyberspace This article analyzes whether the technical characteristics of the Internet should create a separate legal jurisdiction, and if a separate jurisdiction would be beneficial to the Internet.
Supreme Court of Texas Has final appellate jurisdiction in all civil and juvenile cases.
State Bar Appellate Section The purpose of the Section is to enhance the role and skills of attorneys who are engaged in appellate practice, through study, continuing legal education, and the dissemination of materials on matters of interest and concern to the Section membershi
www.serebella.com /encyclopedia/article-Appellate_jurisdiction.html   (403 words)

  
 Ca00-985
Subject-matter jurisdiction is the power of a court to adjudge certain matters and to act on facts alleged.
It is axiomatic that this court takes jurisdiction of a matter once the record on appeal is filed with the Clerk of the Supreme Court.
The mandate is directed to the trial court, and it instructs the court to recognize, obey, and execute the appellate court's decision.
courts.state.ar.us /opinions/2001a/20010516/ca00-985.html   (2599 words)

  
 [No title]
The question before this Court is whether the extra notice provision of Rule 25.2(b)(3) is itself jurisdictional and therefore requires strict compliance, or whether it is a procedural housekeeping rule that is a prerequisite to invoke the jurisdiction of the appellate court for which substantial compliance may suffice.
In other words, the same amendment that explicitly conferred appellate court jurisdiction over an appeal by a plea-bargaining defendant who either has the trial court's permission or is appealing an adverse ruling on a pretrial motion, denied, by implication, jurisdiction over that defendant's claim of an involuntary plea.
It is a rule which regulates the manner or mode by which the existing jurisdiction of the appellate court is properly invoked and without which the appellate court may not consider the merits of a plea-bargaining defendant's appeal.
www.cca.courts.state.tx.us /opinions/095601c.htm   (6456 words)

  
 Article 3, Section 2, Clause 2: Joseph Story, Commentaries on the Constitution 3:§§ 1696--1702, 1748--57, ...
It may, therefore, extend to them in the shape of original, or appellate jurisdiction, or both; for there is nothing in the nature of the cases, which binds to the exercise of the one in preference to the other.
In the exercise of the jurisdiction confided respectively to the state courts, and those courts of the United States, (where the latter have not appellate jurisdiction,) it is plain, that neither can have any right to interfere with, or control, the operations of the other.
This appellate jurisdiction may be exercised in a variety of forms, and indeed in any form, which the legislature may choose to prescribe; but, still, the substance must exist, before the form can be applied to it.
press-pubs.uchicago.edu /founders/print_documents/a3_2_2s11.html   (3018 words)

  
 OSCN Found Document:Moore v Taylor   (Site not responding. Last check: 2007-10-09)
The Criminal Court of Appeals has jurisdiction and power to issue the writ of mandamus, directed to an inferior court, in the exercise or in aid of its appellate authority, where the same is a proper proceeding in a criminal case.
A mandamus to an officer is said to be the exercise of original jurisdiction, but a mandamus to an inferior court is in the nature of appellate jurisdiction.
A mandamus to an inferior court is in the nature of appellate jurisdiction.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=27782   (295 words)

  
 Supreme Court Restricts Federal Circuit's Appellate Jurisdiction   (Site not responding. Last check: 2007-10-09)
The United States Supreme Court recently clarified that the Federal Circuit's appellate jurisdiction is restricted to cases in which the plaintiff's complaint alleges a claim arising under federal patent law.
Rejecting this approach, the Supreme Court clarified that the Federal Circuit's appellate jurisdiction is fixed by reference to that of the district court and, therefore, turns on whether the action arises under federal patent law.
The Court noted that its prior cases rejecting attempts to base district court jurisdiction on a federal defense were based on the principle that jurisdiction is based only on the face of the plaintiff's complaint, not the answer.
www.rkmc.com /article.asp?articleId=199   (859 words)

  
 72958-1 - Daniel L. Dougherty V Department of Labor and Industries File Date: 09/25/2003 Oral Argument Date: 05/15/2003
The act declares that 'all jurisdiction of the courts of the state over such causes are hereby abolished, except as in this title provided.' Id. Under the act, the appellate jurisdiction of the superior courts may be invoked by complying with RCW 51.52.110.
Appellate jurisdiction, therefore, often depends upon compliance with procedural rules that the legislature creates.
{W}hile courts have no inherent appellate jurisdiction over official acts of administrative agencies, where the legislature has made a statutory provision for judicial review that procedure is controlling, and, a statutory right to appeal may be taken advantage of only by strict compliance with the provisions by which it is created.
www.mrsc.org /mc/courts/slip/supreme/729581DI1.htm   (1385 words)

  
 Jurisdiction Information
It had original jurisdiction in nearly all types of cases, and appellate jurisdiction from all of the lower courts.
When the District Courts were established in 1789, they were given appellate jurisdiction over the county courts in common law cases and the High Court of Chancery acquired similar jurisdiction in chancery cases.
The General Court was therefore left with concurrent jurisdiction chiefly in civil cases connected with public debtors, probate of wills and granting of administrations, recordation of deeds, and appellate jurisdiction in criminal cases.
www.lva.lib.va.us /whatwehave/local/burned_juris/Jurisdiction_info.htm   (603 words)

  
 [No title]
We must consider whether the lack of timely certifications deprived the court of appeals of jurisdiction over the case, and if so, whether the amended notice of appeal was sufficient to retroactively confer jurisdiction on the appellate court.
the defendant's general notice of appeal was insufficient to confer jurisdiction on the appellate court to review the trial court's ruling on the motion to suppress.
It does not matter which appellate rule the court of appeals attempts to use, be it former Rule 83, former Rule 2(b), or current Rule 25.2(d).
www.cca.courts.state.tx.us /opinions/069999a.htm   (2115 words)

  
 OPINIONS OF THE ATTORNEY GENERAL   (Site not responding. Last check: 2007-10-09)
You have asked whether a local law limiting the appellate jurisdiction of the Town of Southampton's Zoning Board of Appeals ("ZBA") is consistent with Town Law § 267-a(4), which describes the jurisdiction of local zoning boards of appeals.
We conclude that this language was not intended to permit a town to restrict the appellate jurisdiction of its ZBA, but rather was intended to allow towns to give local ZBAs the jurisdiction to hear non-appellate matters, such as applications for special permits, in addition to appeals.
An interpretation of section 267-a as providing for mandatory appellate jurisdiction, while authorizing additional non-appellate jurisdiction as local conditions require, is thus consistent with the broader legislative scheme.
www.oag.state.ny.us /lawyers/opinions/2004/informal/2004_4.html   (1638 words)

  
 State v. Rieger, S-97-1150, 257 Neb. 826   (Site not responding. Last check: 2007-10-09)
The determination of a jurisdictional issue which does not involve a factual dispute is a matter of law which requires an appellate court to reach its conclusion independent from the trial court.
The Nebraska Court of Appeals determined that the trial court lacked jurisdiction to sentence Rieger because of the pendency of an appeal from the denial of his motion for discharge, which appeal was filed after he was convicted but before he was sentenced.
The State argues that jurisdiction over a case is a prerequisite to the exercise of any type of appellate review, including plain error review, and that the Court of Appeals erred in concluding that it could employ plain error review and grant relief in this case after acknowledging the absence of appellate jurisdiction.
www.nol.org /home/ncpa/ctopinio/S97-1150.htm   (1634 words)

  
 PA Bulletin, Doc. No. 03-867a
The use of the petition for review to commence an appeal has not created the confusion because it is clear that, when counsel files an appellate jurisdiction petition for review, counsel is invoking the appellate jurisdiction of the court and seeking review of a determination or adjudication of an administrative agency.
Government units that are usually disinterested in appellate jurisdiction petitions for review of their determinations include: the Board of Claims, the Department of Education (with regard to teacher tenure appeals from local school districts pursuant to section 1132 of the Public School Code of 1949, 24 P. § 11-1123), the Environmental Hearing Board.
Subdivisions (d) and (e) reflect the differences in proceeding in a court's original and appellate jurisdiction, while preserving the need for sufficient specificity to permit the conversion of an appellate document to an original jurisdiction pleading and vice versa should such action be necessary to assure proper judicial disposition.
www.pabulletin.com /secure/data/vol33/33-19/867a.html   (2173 words)

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