example of appellate jurisdiction
Answers
Answer:
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Explanation:
In the U.S. system, appellate courts are simply those courts that hear appeals from decisions of lower courts, or that hear petitions for review of agency decisions. The greatest difference between appellate practice and practice before lower courts is that appellate courts do not ordinarily hear testimony or decide questions of fact. Instead, the appellate court reviews the lower court’s decision for errors of law. If the lower court misapplied the law (including constitutional law) to the facts before it, the appellate court might vacate the lower court’s decision outright or “remand” the case to the lower court for further proceedings.
In the federal system, the courts of original jurisdiction, or “trial courts,” are the U.S. district courts. (There also are specialist courts, such as bankruptcy courts, that have a narrower jurisdiction than the district courts.) The district courts hear testimony and render decisions civil and criminal claims, including lawsuits based on federal statutes and suits between residents of different states. If a losing party in district court wants the decision overturned, he or she will appeal to a United States Circuit Court of Appeals. There are several Circuit Courts, each having authority over district courts within a geographical area. The Circuit Court will not rehear the case, but will assess whether the district court properly applied the law to the facts before it. After the Circuit Court, a losing party’s last recourse is to the United States Supreme Court, which in most cases has discretion to hear or not to hear an appeal.
The appellate courts’ interpretations of law are binding on lower courts. For example, if a Circuit Court decides that a district court erroneously interpreted a federal state or entered a decision that was in violation of the Constitution, the Circuit Court’s reading of that statute or constitutional provision will become binding on the district courts within that Circuit in future cases. Similarly, when the Supreme Court announces an interpretation of the Constitution or a statute, that interpretation is binding on both the district courts and Circuit courts in the federal system.
The states, like the federal judiciary, have both trial courts and appellate courts. The names states apply to their courts vary and can be confusing. For example, in New York State a lower court decision is issued by a “New York Supreme Court,” which is not really an appellate court.
Answer:
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