Editing Appellate court

{{short description|Court of law that is empowered to hear an appeal}}
{{Use mdy dates|date=June 2013}}
{{redirect-multi|2|Court of appeal|Court of appeals}}
[[File:High Court of Australia (6769096715).jpg|thumb|right|400px|The [[High Court of Australia]], the highest appellate court in Australia]]
[[File:1_Supreme_Court.jpg|thumb|right|400px|The [[Supreme Court of the United States]], the highest court in the United States]]
[[File:Helsingin hovioikeus.jpg|thumb|right|400px|The [[Helsinki Court of Appeal]] (''Helsingin hovioikeus''), an intermediate appellate court in Finland]]

An '''appellate court''', commonly called a '''court of appeal(s)''',<ref name="Garner_Page_232">{{cite book |last1=Garner |first1=Bryan A. |authorlink1=Bryan A. Garner |title=Garner's Dictionary of Legal Usage |date=2011 |publisher=Oxford University Press |location=Oxford |isbn=9780195384208 |page=232 |edition=3rd |url=https://books.google.com/books?id=O1m1bI5vCooC&pg=PA232 |access-date=September 10, 2023}}</ref> '''appeal court''', '''court of second instance''' or '''second instance court''', is any [[court of law]] that is empowered to [[Hearing (law)|hear]] a [[Legal case|case]] upon [[appeal]] from a [[trial court]] or other lower [[tribunal]]. Appellate courts other than [[supreme courts]] are sometimes named as '''Intermediate appellate court'''.

In much of the world, [[Judiciary|court systems]] are divided into at least three levels: the trial court, which initially hears cases and considers factual [[Evidence (law)|evidence]] and [[testimony]] relevant to the case; at least one intermediate appellate court; and a [[supreme court]] (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a [[Discretionary review|discretionary basis]]. A particular court system's supreme court is its highest appellate court.<ref>{{cite web|url=http://www.collinsdictionary.com/dictionary/english/supreme-court |title=Supreme Court |publisher=Collins English Dictionary - Complete & Unabridged 11th Edition. Retrieved October 26, 2012 from CollinsDictionary.com}}</ref> Appellate courts nationwide can operate under varying rules.<ref>{{cite web|title=A Guide to Illinois Civil Appellate Procedure |url=http://applawyers.org/Civil_Appeals_Guide_Revised.pdf |website=Appellate Lawyers Association |access-date=7 July 2015 |url-status=dead |archive-url=https://web.archive.org/web/20150709111738/http://applawyers.org/Civil_Appeals_Guide_Revised.pdf |archive-date=July 9, 2015 }}</ref>

Under its [[standard of review]], an appellate court determines the extent of the deference it will give to the lower court's decision, based on whether the appeal is one of fact or of law. In certain civil law jurisdictions, especially those following the [[Law of France|French legal system]], a first-level appellate court has the power to second-guess the trial court's finding of facts and retry the facts of the case at that level under the principle of ''double degré de juridiction''.<ref name="Von_Mehren_Page_2">{{cite book |last1=von Mehren |first1=Arthur T. |last2=Murray |first2=Peter L. |author1-link=Arthur Taylor von Mehren |author2-link=Peter L. Murray |title=Law in the United States |date=2007 |publisher=Cambridge University Press |location=Cambridge |isbn=9781139462198 |page=2 |edition=2nd |url=https://books.google.com/books?id=9tpJlKdqVTsC&pg=PA2}}</ref>  

In common law jurisdictions, an appellate court reviewing an issue of fact ordinarily gives deference to the trial court's findings.<ref name="Von_Mehren_Page_2" /> It is the duty of trial judges or [[jury|juries]] to find facts, view the evidence firsthand, and observe [[Eyewitness testimony|witness testimony]].  When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error.  However, the appellate court reviews issues of law {{Lang|la|de novo}} (that is, without deference to the lower court's interpretation) and may reverse or modify the lower court's decision if the appellate court believes the lower court misapplied the facts or the law.  If the appellate court finds a reversible error on an issue of fact, it cannot immediately retry and decide the issue itself.  It can only reverse and remand with instructions to the trial court for a new trial or new findings on that issue. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an "[[abuse of discretion]]". This standard tends to be even more deferential than the "clear error" standard.

Before hearing any case, the court must have [[jurisdiction]] to consider the appeal.  The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court's judgment provides the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified.<ref>State v. Randolph, 210 N.J. 330, 350 n.5 (2012), citing Mandel, New Jersey Appellate Practice (Gann Law Books 2012), chapter 28:2</ref> Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non [[trial de novo]]); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record).

==Bifurcation of civil and criminal appeals==
While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by the type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the [[Texas Court of Criminal Appeals]], which only hears appeals raised in criminal cases, and the [[United States Court of Appeals for the Federal Circuit|U.S. Court of Appeals for the Federal Circuit]], which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the [[Court of Federal Claims]] on the other. In the United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and [[Oklahoma]] have the final determination of criminal cases vested in their respective courts of criminal appeals,<ref>{{cite web|url=https://www.americanbar.org/groups/judicial/publications/judges_journal/2014/fall/bifurcated_appellate_review_the_texas_story_of_two_high_courts/|title=Bifurcated Appellate Review: The Texas Story of Two High Courts|website=www.americanbar.org}}</ref> while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to the state supreme court.<ref>{{cite web|url=http://judicial.alabama.gov/Appellate/CriminalAppeals|title=Alabama Judicial System|website=judicial.alabama.gov}}</ref><ref>{{cite web|url=https://www.tncourts.gov/courts/court-criminal-appeals/about|title=About the Court of Criminal Appeals - Tennessee Administrative and Administrative Appeals has Office of the Inspector General’s Department and Courts|website=www.tncourts.gov}}</ref>

===Courts of criminal appeals===
;Civilian
*[[Court of Criminal Appeal (England and Wales)]], abolished 1966
*[[Court of Criminal Appeal (Ireland)]], abolished 2014
* U.S. States:
**[[Alabama Court of Criminal Appeals]]
**[[Oklahoma Court of Criminal Appeals]]
**[[Tennessee Court of Criminal Appeals]]
**[[Texas Court of Criminal Appeals]]

;Military
*[[United States Army Court of Criminal Appeals]]
*[[Navy-Marine Corps Court of Criminal Appeals]] (United States)
*[[Coast Guard Court of Criminal Appeals]] (United States)
*[[Air Force Court of Criminal Appeals]] (United States)

===Courts of civil appeals===
*[[Alabama Court of Civil Appeals]]
*[[Oklahoma Court of Civil Appeals]]

==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.

==See also==
*[[Court of Criminal Appeal (disambiguation)]]
*[[Court of Appeal (Hong Kong)]]
*[[High Court (Hong Kong)]]
*[[Court of Appeal (England and Wales)]]
*[[Court of cassation]]

== References ==
=== Citations ===
{{Reflist}}

=== Sources ===
{{refbegin}} 
* Lax, Jeffrey R. "Constructing Legal Rules on Appellate Courts." American Political Science Review 101.3 (2007): 591–604. Sociological Abstracts; Worldwide Political Science Abstracts. Web. 29 May 2012.
*James D Hopkins, "The Role of an Intermediate Appellate Court" (1974 to 1975) 41 Brook L Rev 459 [https://heinonline.org/HOL/LandingPage?handle=hein.journals/brklr41&div=27&id=&page= HeinOnline]
*W Warren H Binford, Preston C Greene, Maria C Schmidlkofer, Robert M Wilsey and Hillary A Taylor, "Seeking Best Practices among Intermediate Courts of Appeal: A Nascent Journey" (2007) 9 The Journal of Appellate Practice and Process 37 (Article 4) (No 1, Spring 2007) [https://lawrepository.ualr.edu/appellatepracticeprocess/vol9/iss1/4 Bowen Law Repository].
*Calvert Magruder, "The Trials and Tribulations of an Intermediate Appellate Court" (1958) 44 Cornell Law Quarterly 1 (No 1, Fall 1958) [http://scholarship.law.cornell.edu/clr/vol44/iss1/1 Cornell]
*Laurence C Harmon and Gregory A Lang, "A Needs Analysis of an Intermediate Appellate Court" (1981) 6 or 7 William Mitchell Law Review 51 (article 7) (No 1) [http://open.mitchellhamline.edu/wmlr/vol7/iss1/7 Mitchell Hamline]
*McHugh, "Law Making in an Intermediate Appellate Court: The New South Wales Court of Appeal" (1987) 11 The Sydney Law Review 183 (No 2, March 1987) [http://classic.austlii.edu.au/au/journals/SydLawRw/1987/1.pdf AustLII]
*Alan B Handler, "Justice at the Intermediate Appellate Level: The New Jersey Appellate Division" (1979) 10 Seton Hall Law Review 58 [https://scholarship.shu.edu/shlr/vol10/iss1/10/ Seton Hall University]
*Daryl R Fair, "State Intermediate Appellate Courts: An Introduction" (1971) 24 Political Research Quarterly 415 (No 3, September 1971) [https://journals.sagepub.com/doi/abs/10.1177/106591297102400302?journalCode=prqa SAGE journals]
*Richard B Hoffman and Barry Mahoney, "Managing caseflow in State Intermediate Appellate Courts: What Mechanisms, Practices, and Procedures can work to reduce Delay?" (2002) 35 Indiana Law Review 467 [https://mckinneylaw.iu.edu/ilr/pdf/vol35p467.pdf McKinney]
*Kevin M Scott, "Understanding Judicial Hierarchy: Reversals and the Behavior of Intermediate Appellate Judges" (2006) 40 Law & Society Review 163 (No 1, March 2006) [https://www.jstor.org/stable/3557630 JSTOR]
*John W Poulos and Bruce D Varner, "Review of Intermediate Appellate Court Decisions in California" (1963) 15 Hastings Law Journal 11 (No 1) [https://repository.uchastings.edu/hastings_law_journal/vol15/iss1/3 UC Hastings]
* [[Douglas M. Fasciale]], "A Case Study Analyzing How Trial Judge Experience Shapes Intermediate Appellate Review of Discretionary Determinations," (2023) Seton Hall Law Review: Vol. 53 : Iss. 4 , Article 1. Available at: [https://scholarship.shu.edu/shlr/vol53/iss4/1 Seton Hall University]
{{refend}}

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{{DEFAULTSORT:Court of Appeals}}
[[Category:Courts by type]]
[[Category:Appellate courts]]
[[Category:Jurisdiction]]