Editing Appellate court (section)

==Appellate courts by country==
===Australia===
{{main|High Court of Australia#Appellate jurisdiction{{!}}High Court of Australia|Judiciary of Australia#Australian court hierarchy{{!}}Australian courts of appeals}}
[[File:Supreme Court of Victoria (5064240836).jpg|thumb|right|292px|The Victorian [[Supreme Court of Victoria|Court of Appeal]]]]
The [[High Court of Australia|High Court]] has appellate jurisdiction over all other courts. Leave must be granted by the court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the [[States and territories of Australia|States and Territories]].<ref name="s73">{{Cite Legislation AU|Cth|act|coaca430|Constitution|73}}.</ref><ref name="KirbyCentenary">{{cite journal |last1=Kirby |first1=Michael |author-link1=Michael Kirby (judge) |title=The High Court of Australia and the Supreme Court of the United States - A Centenary Reflection |journal=The University of Western Australia Law Review |date=2003 |volume=31 |page=171 |url=http://classic.austlii.edu.au/au/journals/UWALawRw/2003/11.pdf |access-date=16 April 2021}}</ref> Appeals to the High Court are by special leave only, which is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal.<ref>{{cite journal |last1=Kirby |first1=Michael |author-link1=Michael Kirby (judge) |title=Maximising special leave performance in the High Court of Australia |journal=UNSW Law Journal |date=2007 |volume=30 |issue=3 |pages=731–732, 743–747 |url=http://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2017/09/30-3-13.pdf |access-date=16 April 2021}}</ref>

===New Zealand===
{{main|Court of Appeal of New Zealand}}

The Court of Appeal of New Zealand, located in [[Wellington]], is New Zealand's principal intermediate appellate court.<ref>{{cite web|title=Court of Appeal|url=http://www.justice.govt.nz/courts/court-of-appeal|website=justice.govt.nz|access-date=7 August 2014}}</ref> In practice, most appeals are resolved at this intermediate appellate level, rather than in the [[Supreme Court of New Zealand|Supreme Court]].<ref>{{cite web|title=History of court system — Courts of New Zealand|url=https://www.courtsofnz.govt.nz/about-the-judiciary/copy_of_overview|website=www.courtsofnz.govt.nz|publisher=Courts of New Zealand|access-date=4 May 2018|language=en-nz|archive-date=May 11, 2018|archive-url=https://web.archive.org/web/20180511162739/http://www.courtsofnz.govt.nz/about-the-judiciary/copy_of_overview|url-status=dead}}</ref>

=== Philippines ===
{{main|Court of Appeals of the Philippines}}
The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in [[Manila]], with three divisions each in [[Cebu City]] and [[Cagayan de Oro]]. Other appellate courts include the [[Sandiganbayan]] for cases involving graft and corruption, and the [[Court of Tax Appeals]] for cases involving tax. Appeals from all three appellate courts are to the [[Supreme Court of the Philippines|Supreme Court]].

===Sri Lanka===
{{main|Court of Appeal of Sri Lanka}}

The Court of Appeal of Sri Lanka, located in [[Colombo]], is the second senior court in the [[Courts of Sri Lanka|Sri Lankan legal system]].

===United Kingdom===
{{main|Court of Appeal (England and Wales)}}

===United States===
{{main|United States Supreme Court|United States courts of appeals}}
In the United States, both state and [[United States courts of appeals|federal]] appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were.<ref>{{cite web|title=Court Role and Structure|url=http://www.uscourts.gov/about-federal-courts/court-role-and-structure|website=United States Courts|access-date=7 July 2015}}</ref> Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on 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 that is raised for the first time in the appeal.<ref>{{Cite web|url=http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html|title=How Courts Work {{!}} Public Education|website=www.americanbar.org|access-date=2016-06-23}}</ref>

[[Image:FL5DistrictCourtAppeal_0766.JPG|thumb|225px|The [[Florida Fifth District Court of Appeal|Fifth District Court of Appeal]] for Florida, an intermediate appellate court for the Florida judicial system]]

In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an [[appeal]] to contest that outcome.<ref name="United States Department of State 2023 j033">{{cite web |last=Rosenblum | first= Noah A. | title=An Overview of the U.S. Courts System | website=United States Department of State | date=December 13, 2023 | url=https://www.state.gov/briefings-foreign-press-centers/an-overview-of-the-us-court-system | access-date=March 13, 2024}}</ref> However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict.<ref name="Robertson_2013">{{cite journal |last1=Robertson |first1=Cassandea Burke |date=2013 |title=The Right to Appeal  |url=https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1057&context=faculty_publications |journal=Faculty Publications |volume=58 |issue=9413 |access-date=2024-03-13}}</ref> Therefore, only a small proportion of trial court decisions result in appeals.<ref name="Eisenberg_2004">{{cite journal |last1=Eisenberg |first1=Theodore |date=November 2014 |title=Appeal Rates and Outcomes in Tried and Nontried Cases: Further Exploration of Anti-Plaintiff Appellate Outcomes  |url=https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1366&context=facpub#:~:text=Appeals%20are%20filed%20in%2010.9,10.0%20percent%20of%20nontried%20cases. |journal=Cornell Law Faculty Publications |volume=359 |access-date=2024-03-13}}</ref> Some courts, particularly supreme courts, have the power of [[discretionary review]], meaning that they can decide whether they will hear an appeal brought in a particular case. <ref name="United States Department of State 2023 j033" /><ref name="Robertson_2013" />

==== Nomenclature ====
Many U.S. jurisdictions title their appellate court a '''''court of appeal''''' or '''''court of appeals'''''.<ref name="Garner_Page_232" />  Both terms are used in the United States, but the plural form is more common in [[American English]], while in contrast, [[British English]] uses only the singular form.<ref name="Garner_Page_232" /> The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when the court at issue clearly prefers to be called a "court of appeals", and vice versa.<ref name="Garner_Page_232" />

Historically, certain jurisdictions have titled their appellate court a '''''court of errors''''' (or '''''court of errors and appeals'''''), on the premise that it was intended to correct errors made by lower courts. Examples of such courts include the [[New Jersey Court of Errors and Appeals]] (which existed from 1844 to 1947), the Connecticut Supreme Court of Errors (which has been renamed the [[Connecticut Supreme Court]]), the Kentucky Court of Errors (renamed the [[Kentucky Supreme Court]]), and the Mississippi High Court of Errors and Appeals (since renamed the [[Supreme Court of Mississippi]]). In some jurisdictions, a court able to hear appeals is known as an '''appellate division'''.

The phrase "court of appeals" most often refers to intermediate appellate courts.  However, the [[New York Court of Appeals]] is the highest appellate court in New York. The [[New York Supreme Court]] is a trial court of general jurisdiction. The [[Supreme Court of Maryland]] was known as the Court of Appeals, and the [[Appellate Court of Maryland]] was known as the Court of Special Appeals, until a 2022 constitutional amendment changed their names. 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 jurisdiction.