Court of Appeal


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Court of Appeal

An intermediate federal judicial tribunal of review that is found in thirteen judicial districts, called circuits, in the United States.

A state judicial tribunal that reviews a decision rendered by an inferior tribunal to determine whether it made errors that warrant the reversal of its judgment.

U.S. Courts of Appeals were created by Congress in 1891 and were known until 1948 as U.S. Circuit Courts of Appeals. Such courts have appellate jurisdiction over the majority of cases decided by U.S. District Courts except those cases in which the court has made an Interlocutory order regarding an Injunction; such cases are directly reviewable by the Supreme Court of the United States. Federal courts of appeals are also empowered to review orders of many federal administrative agencies, such as the national labor relations board.

Cases before the court of appeals are usually heard by a panel of three judges, but in some circuit cases, actions involving significant constitutional questions are heard en banc, with all the judges serving on the court present to decide the case by a majority vote. In 1982 Congress enacted the Federal Courts Improvement Act (96 Stat. 25; 28 U.S.C.A. § 1 note) creating the Court of Appeals for the Federal Circuit which commenced hearing cases on October 1, 1982, and constitutes the thirteenth circuit in the United States. The Court of Appeals for the Federal Circuit provides a national forum for the uniform application and enforcement of law in cases involving similar issues, particularly those involving patent and public contracts law, which in the past were often decided differently from circuit to circuit, necessitating appeal to the Supreme Court for a definitive answer. This court was established from the merger of the Federal Court of Claims and the Court of Customs and Patent Appeals. Although structurally similar to the 12 other courts of appeals, it differs from them in that its intermediate appellate jurisdiction is based upon subject matter, not geography, and it hears appeals from all federal circuits. This topical approach toward adjudication results from the new court assuming appellate jurisdiction from cases formerly brought before the Court of Claims and the Court of Patent Appeals. The court also entertains appeals from the Court of International Trade, the Patent and Trademark Office, the Merit Systems Protection Board, and other agencies.

In some states, the court of appeals is an intermediate appellate tribunal that reviews the decisions of lower courts on appeal. Its decisions are, however, subject to review by the highest appellate tribunal in the state if the unsuccessful party files an appeal and the justices agree to hear the case. When the state court of appeals is the intermediate level of appellate review, it possesses mandatory jurisdiction; litigants have a statutory right to appeal their cases to it.

State courts of appeals are frequently courts of last resort when their decisions are final and are not subject to review by any other state tribunal. When it is the highest appellate court in the state, the court of appeals has discretionary jurisdiction; it selects the decisions it will review. If a case presents questions involving federal statutes or the Constitution, the U.S. Supreme Court might accept the case for review of the judgment rendered by the state courts of appeals.

There might be two separate systems of state courts of appeals: one for the review of civil cases and one for the appeal of criminal matters.

Cross-references

Appellate Court; Federal Courts.

Court of Appeal

an English court. It comprises a Civil Division and a Criminal Division and hears most appeals in England. It is a central court, and cases come from all over the country. The Master of the Rolls heads up the Civil Division; the Lord Chief Justice the Criminal Division. Its importance lies in the fact that unless the House of Lords itself grants leave, there is no appeal beyond the Court of Appeal without leave of that court itself In civil cases it receives appeals from the High Court (all divisions) and from the County Court. In criminal cases appeals lie primarily for the Crown Court.
References in periodicals archive ?
'The Learned Justices of the Court of Appeal erred in law and breached the right of the Appellants to fair hearing by relying on a Preliminary Objection, withdrawn by the 2nd Respondent and struck out by the Court, thus being a case not made out or relied upon or abandoned by a party in entering a decision in a judgment.
The Court of Appeal in Mombasa is the 4th court of appeal in Kenya after Nyeri, Kisumu and the one in Nairobi.
In 2011, Ita Neymotin was appointed by Governor Rick Scott to lead The Office of Criminal Conflict and Civil Regional Counsel (OCCCRC) of the Second District Court of Appeal of Florida.
The Defendant appealed the Court of Appeal's judgment to the Court of Cassation.
2002 (Sept.): Judge Louise Lemelin of Quebec Court of Appeal opts for the "gay" right to marry.
"Having looked at the submissions from the Chief Crown Prosecutor for Cleveland, Martin Goldman, I am satisfied the conditions are met and the CPS should apply to the Court of Appeal for William Dunlop to be retried for the murder of Julie Hogg."
Kasky appealed to the California Court of Appeals. That court also rejected Kasky's suit, saying that Nike's statements were part of a "poublic dialogue on a matter of public concern...protected by the First Amendment." The court warned Kasky that he was unlikely to prevail in an appeal to a higher court.
On June 21, the JBC will interview the following: Court of Appeals Associate Justice Rodil Zalameda Law professor Jeremy Benigno Gatdula Court of Appeals Associate Justice Pablito Perez Court of Appeals Associate Justice Maria Filomena Singh The JBC set eight lawyers, mostly appellate court justices, for a public interview on June 25.
The Court of Appeals held that a Minnesota District Court is a court of competent jurisdiction to adjudicate claims under the FDCPA and may not decline to exercise jurisdiction either because the claim involves interpreting an order of the United States Bankruptcy Court or because it involves unsettled federal law.
Beene, an Arizona Court of Appeals Judge Division I
Rimini Street provides the following statement related to a petition recently filed with the United States Court of Appeals for the Ninth Circuit in Oracle vs.
The decision includes appointing Judge Adel Ali Beabish as the head of the Court of Appeals in Cairo; Judge Abdel Hady Ahmed Abdel Hady as the head of Alexandria's; Judge Abdul Rahman Mohammed Hanafy as that of Tanta's; Judge Morsi Sayed Moqabel as the head of the Court of Appeals in Mansoura, until 29 August when he retires; Judge Mohammed Reda Shawkat Khaled as for Ismailia's; Judge Assem Abdul Hamid Ibrahim as the head of Beni Suef's, until 23 September when he retires; Judge Mounir Mohammed Sayed as the head of the Court of Appeals of Assiut; and Judge Mahmoud Sami Ismail as Qena's.