Examples of the the word, appellate , in a Sentence Context
The word ( appellate ), is the 7884 most frequently used in English word vocabulary
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- Depending on the system, certain courts may serve as both trial courts and, appellate ,courts, hearing appeals of decisions made by courts with more limited
- An appeal to contest that outcome. However, appeals may be costly, and the, appellate ,court must find an error on the part of the court below that justifies
- For example, the appellant might have to file the notice of appeal with the, appellate ,court, or with the court from which the appeal is taken, or both. Some courts
- Prosecution may appeal an issue of law by leave from the trial court and/or the, appellate ,court. The ability of the prosecution to appeal a decision in favor of a
- Powers of review. For example, in the United States, both state and federal, appellate ,courts are usually restricted to examining whether the court below made the
- Of standard of review for appeals, such as de Nova and abuse of discretion. An, appellate ,court is a court that hears cases on appeal from another court. Depending on
- A court of appeal or court of appeals. Historically, others have titled their, appellate ,court a court of errors (or court of errors and appeals),on the premise that
- Or instrument of a theme proposed by another. An, appellate ,court, commonly called an appeals court or court of appeals (American English
- Or the right to appeal is forfeited. Appellate procedure Generally speaking the, appellate ,court examines the record of evidence presented in the trial court and the law
- Appellate review is the general term for the process by which courts with, appellate ,jurisdiction take jurisdiction of matters decided by lower courts. It is
- Court applied and decides whether that decision was legally sound or not. The, appellate ,court will typically be deferential to the lower court's findings of fact (
- By varying rules. Institutional titles Many U. S. jurisdictions title their, appellate ,court a court of appeal or court of appeals. Historically, others have titled
- Objecting. In cases where a judge rather than a jury decided issues of fact,an, appellate ,court will apply an abuse of discretion standard of review. Under this standard
- Who is unhappy with the result might be able to challenge that result in an, appellate ,court on specific grounds. These grounds typically could include errors of law
- Is equivalent to the U. S. term reversed. Generally, there is no trial in an, appellate ,court, only consideration of the record of the evidence presented to the trial
- Verb in a clause *Oral argument, in US law, a spoken presentation to a judge or, appellate ,court by a lawyer (or parties when representing themselves) of the legal
- The Court of Federal Claims on the other. Authority to review The authority of, appellate ,courts to review decisions of lower courts varies widely from one jurisdiction
- Guaranteed by statute or some underlying constitutional or legal principle. The, appellate ,court cannot refuse to listen to the appeal. An appeal by leave or permission
- Matters that were originally brought up before the trial court. Hence, such an, appellate ,court will not consider an appellant's argument if it is based on a theory
- Courts. A jurisdiction's supreme court is that jurisdiction's highest, appellate ,court. Appellate courts nationwide can operate by varying rules. Institutional
- Have been fully disposed of. In American law, there are two distinct forms of, appellate ,review, direct and collateral. For example, a criminal defendant may be
- May be convicted in state court, and lose on direct appeal to higher state, appellate ,courts, and if unsuccessful, mount a collateral action such as filing for a
- Review of the record below and the submitted briefs. In an adversarial system, appellate ,courts do not have the power to review lower court decisions unless a party
- This would happen, for example, if the appellant waited too long, under the, appellate ,court's rules, to file the appeal. ) In England and many other jurisdictions
- Very significant reason such as prosecutorial misconduct. In some systems,an, appellate ,court will only consider the written decision of the lower court, together with
- The lower court for further proceedings to remedy the defect. In some cases,an, appellate ,court may review a lower court decision de Nova (or completely),challenging
- As a decision outside the bounds of reasonableness. On the other hand,the, appellate ,court normally gives less deference to a lower court's decision on issues of
- Or procedure (in the United States, due process). In different jurisdictions, appellate ,courts are also called appeals courts, courts of appeals, superior courts, or
- In the United States, a lawyer traditionally starts an oral argument to any, appellate ,court with the words" May it please the court. " After an appeal is heard, the
- Jurisdiction). In most jurisdictions the normal and preferred way of seeking, appellate ,review is by filing an appeal of the final judgment. Generally, an appeal of
- Courts varies widely from one jurisdiction to another. In some places,the, appellate ,court has limited powers of review. For example, in the United States, both
- If the appellate court finds no defect, it " affirms" the judgment. If the, appellate ,court does find a legal defect in the decision" below" ( i.e., in the lower
- Evidence and determining what the facts of the case were. Furthermore, U. S., appellate ,courts are usually restricted to hearing appeals based on matters that were
- That was before that court and is relevant to the appeal. In other systems,the, appellate ,court will normally consider the record of the lower court. In those cases the
- At such hearings each party is allowed a brief presentation at which the, appellate ,judges ask questions based on their review of the record below and the
- Slip op. at 7) (citation omitted). In Anglo-American common law courts, appellate ,review of lower court decisions may also be obtained by filing a petition for
- Leave to appeal; in such a situation either or both of the lower court and the, appellate ,court may have the discretion to grant or refuse the appellant's demand to
- Found by the court to have occurred fits a legal definition at issue). If the, appellate ,court finds no defect, it " affirms" the judgment. If the appellate court does
- By courts with more limited jurisdiction. Some jurisdictions have specialized, appellate ,courts, such as the Texas Court of Criminal Appeals, which only hears appeals
- It occurred in the trial. Because constitutional claims are of great magnitude, appellate ,courts might be more lenient to review the claim even if it was not preserved.
- Against it. Arguments of the parties to the appeal are presented through their, appellate ,lawyers, if represented, or pro see if the party has not engaged legal
- In only 12 of more than 140 municipalities. A Supreme Court serves as the, appellate ,tribunal; a Constitutional Court with powers of judicial review has not been
- And testimony to determine the facts of the case; at least one intermediate, appellate ,court; and a supreme court (or court of last resort) which primarily reviews
- Permit certain appeals to cause the trial to be heard afresh in the, appellate ,court. An example would be an appeal from a magistrate' court to the Crown
- a magistrate' court to the Crown Court in England and Wales. Sometimes,the, appellate ,court finds a defect in the procedure the parties used in filing the appeal and
- In some jurisdictions, courts able to hear appeals are known as an, appellate ,division. Depending on the system, certain courts may serve as both trial
- Court proceeds just as a direct appeal. That is, it goes to the intermediate, appellate ,court, followed by the highest court. If the petition is granted the appellant
- Will apply an abuse of discretion standard of review. Under this standard,the, appellate ,court gives deference to the lower court's view of the evidence, and reverses
- Only a small proportion of trial court decisions result in appeals. Some, appellate ,courts, particularly supreme courts, have the power of discretionary review
- Hold all nine seats on the Alabama Supreme Court and all ten seats on the state, appellate ,courts. Until 1994,no Republicans held any of the court seats. This change
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