Define: Per Saltum

“Per saltum” is a Latin phrase that translates to “by a leap” or “at a bound.” In legal terms, it refers to the practice of skipping intermediate steps or levels of appeal and directly appealing a decision to a higher court.

Yes, it is possible to file an appeal per saltum. However, it is not a common practice and is usually only allowed in exceptional circumstances where there is a significant legal issue or a need for urgent resolution.

Filing an appeal per saltum can save time and resources by bypassing intermediate levels of appeal. It allows for a quicker resolution of the case and can be beneficial in situations where there is a need for immediate action or when the lower courts have consistently ruled against the appellant.

Yes, there are limitations on filing an appeal per saltum. Generally, it is only allowed in specific circumstances, such as constitutional matters or cases of significant public interest. The decision to allow per saltum appeals is at the discretion of the higher court.

No, not every case can be appealed per saltum. As mentioned earlier, it is typically limited to cases involving constitutional issues or matters of significant public interest. The higher court will determine whether the case meets the criteria for a per saltum appeal.

The process of filing an appeal per saltum differs from a regular appeal in that it skips the intermediate levels of appeal. Instead of going through the usual hierarchy of courts, the appellant directly petitions the higher court to hear the case.

The higher court considers various factors when deciding whether to accept a per saltum appeal. These may include the importance of the legal issue, the need for a prompt resolution, the potential impact on the parties involved, and the overall interest of justice.

Yes, the lower courts have the authority to challenge or reject a per saltum appeal. They may argue that the case does not meet the criteria for a per saltum appeal or that it should follow the regular appellate process.

There is no guarantee that a per saltum appeal will be successful. The higher court will still evaluate the merits of the case and make a decision based on the applicable laws and legal principles. The success of the appeal depends on the strength of the arguments presented and the specific circumstances of the case.

The availability of per saltum appeals may vary depending on the jurisdiction. Some legal systems explicitly allow for per saltum appeals, while others may have specific rules or limitations. It is important to consult with a legal professional familiar with the jurisdiction’s laws and procedures to determine the feasibility of filing a per saltum appeal.