Appellate (adjective):
1. Pertaining to or involving the power of a higher court to review and reconsider decisions made by a lower court.
2. Relating to the process of appealing a legal case to a higher court for a review of the lower court’s decision.
3. Describing a court or jurisdiction that has the authority to hear and decide appeals from lower courts or administrative bodies.
4. Characterized by the ability to hear and decide on appeals, typically involving a panel of judges or justices who review the legal arguments and evidence presented by the parties involved.
5. Referring to the act of appealing a decision or judgment to a higher court, seeking a reversal, modification, or affirmation of the lower court’s ruling.
An appellate refers to a legal process in which a higher court reviews the decision made by a lower court. The purpose of an appellate is to determine whether the lower court made any errors in applying the law or in the interpretation of facts. The appellate court does not re-try the case or consider new evidence, but rather focuses on the legal issues raised by the parties. The appellate court may affirm the lower court’s decision, reverse it, or remand the case back to the lower court for further proceedings. The decision of the appellate court is usually final, unless it is appealed to a higher court. Appellate proceedings are an important part of the legal system as they ensure that lower court decisions are fair and consistent with the law.
Q: What is an appellate court?
A: An appellate court is a court that hears appeals from lower courts and reviews their decisions.
Q: What types of cases does an appellate court hear?
A: Appellate courts typically hear cases involving legal errors or issues of law, rather than re-examining the facts of the case.
Q: How does the appellate process work?
A: The party appealing a lower court’s decision files a notice of appeal, and the appellate court reviews the record of the lower court proceedings and hears arguments from both parties before making a decision.
Q: What is the difference between a trial court and an appellate court?
A: A trial court is where cases are initially heard and decided, while an appellate court reviews the decisions of lower courts.
Q: Can new evidence be presented in an appellate court?
A: Generally, appellate courts do not consider new evidence, but rather review the record of the lower court proceedings.
Q: How long does the appellate process take?
A: The length of the appellate process can vary depending on the complexity of the case and the caseload of the appellate court, but it typically takes several months to a year or more.
Q: What is the standard of review in an appellate court?
A: The standard of review refers to the level of scrutiny the appellate court applies to the lower court’s decision. It can vary depending on the type of issue being appealed.
Q: Can I represent myself in an appellate court?
A: While it is possible to represent yourself in an appellate court, it is highly recommended to seek the assistance of an experienced appellate attorney due to the complex nature of appellate proceedings.
Q: What are the possible outcomes of an appellate court decision?
A: The appellate court can affirm the lower court’s decision, reverse it, remand the case back to the lower court for further proceedings, or modify the lower court’s decision.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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