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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence 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 the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia (6769096715)
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlook ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial De Novo
In law, the expression trial ''de novo'' means a "new trial" by a different tribunal (''de novo'' is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial ''de novo'' is usually ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law. Common law In common law systems, one feature that distinguishes a trial ''de novo'' from an appellate proceeding is that new evidence may not ordinarily be presented in an appeal (though there are rare instances when it may be allowed—usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court). The general rule, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will ofte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alabama Court Of Civil Appeals
The Alabama Court of Civil Appeals is one of two appellate courts in the Alabama judicial system. The court was established in 1969 when what had been one unitary state Court of Appeals was broken into a criminal appeals court and a civil appeals court. The unified Court of Appeals had been operative since 1911. The initial court's members were appointed by Governor Albert P. Brewer. The court is currently housed in the Alabama Judicial Building in Montgomery, Alabama. Judges on the court are elected in partisan elections on staggard six year terms. Today, the court's membership is all Republican but it was composed of just Democrats between 1969 and 1989. At that time, Republican Governor Guy Hunt appointed Robert J. Russell to the bench on April 16, 1989 thus becoming the first Republican on the court. Ironically, Russell was defeated for re-election in 1990 but was again appointed almost immediately to another vacancy on the court by Governor Hunt in January 1991. The Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Air Force Court Of Criminal Appeals
The Air Force Court of Criminal Appeals (AFCCA) is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under (a). The Court hears and decides appeals of United States Air Force court-martial convictions and appeals ''pendente lite''. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions. The Air Force Court of Criminal Appeals is located at Andrews Air Force Base in Prince George's County, Maryland. Jurisdiction The court conducts mandatory review of all courts-martial of Air Force members referred to the court (unless waived by the appellant) pursuant to Articles 62, 66, 69, and 73 of the Uniform Code of Military Justice, and, when necessary in furtherance of its jurisdiction, reviews all petitions for extraordina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coast Guard Court Of Criminal Appeals
The Coast Guard Court of Criminal Appeals (CGCCA) is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Washington, DC. The Court was established under Article 66, Uniform Code of Military Justice (UCMJ), by the Judge Advocate General of the Coast Guard. The Court is normally composed of five appellate military judges, organized in panels of three for consideration of referred cases. All but the Chief Judge have other primary duties, so that their service on the Court constitutes a collateral duty. Jurisdiction Review of courts-martial In general, the Court reviews and acts on the records by affirming, reversing, or modifying in part the findings or sentence in each case of trial by court-martial in which the sentence, as approved, extends to death; dismissal of a commissioned officer or cadet; dishonorable discharge; bad conduct discharge; or confinement of one year or more. The Court also reviews other courts-martial with l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Navy-Marine Corps Court Of Criminal Appeals
The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps. Courts-martial are conducted under the Uniform Code of Military Justice (Title 10 of the United States Code §§ 801-946), and the Manual for Courts-Martial. If the trial results in a conviction, the case is reviewed by the convening authority (the person who referred the case for trial by court-martial). The convening authority has discretion to mitigate the findings and sentence. Review court If the sentence, as approved by the convening authority, includes death, a bad conduct or dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. For the Navy and Marine Corps, this is the Navy-Marine Corps Court of Criminal Appeals. Description The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is located in Washington, D.C. in the Navy Yard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Army Court Of Criminal Appeals
In the United States military, the Army Court of Criminal Appeals (ACCA) is an appellate court that reviews certain court martial convictions of Army personnel. Jurisdiction In the United States, courts-martial are conducted under the Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 801–946, and the '' Manual for Courts-Martial''. If the trial results in a conviction, the case is reviewed by the convening authority – the person who referred the case for trial by court-martial. The convening authority has discretion to mitigate the findings and sentence. If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts – the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals, and the Coast Guard Court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tennessee Court Of Criminal Appeals
The Court of Criminal Appeals is one of Tennessee's two intermediate appellate courts. It hears trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. Appeals in civil cases are heard by the Tennessee Court of Appeals. The Court of Criminal Appeals was established by the Tennessee General Assembly in 1967. At that time, the court had nine members. Its membership was increased from nine to twelve on September 1, 1996, as a result of action by the General Assembly. Proceedings The court's judges sit monthly in panels of three in Jackson, Knoxville and Nashville. The court may meet in other locations as necessary. As an appellate court, there are no juries and the court does not hear testimony from witnesses. Rather, attorneys present oral and written arguments for the court's consideration. Decisions of the Court of Criminal Appeals decisions may be appealed to the Tennessee Supreme Court by permission. All decisions in capital cases are, how ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oklahoma Court Of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government.Okla Const. art. VII, § 4 (accessed May 23, 2013) As of 2011, the court meets in the Oklahoma Judicial Center, having previously met in the Oklahoma State Capitol.Hoberock, Barbara [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alabama Court Of Criminal Appeals
(We dare defend our rights) , anthem = "Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,765 , area_total_sq_mi = 52,419 , area_land_km2 = 131,426 , area_land_sq_mi = 50,744 , area_water_km2 = 4,338 , area_water_sq_mi = 1,675 , area_water_percent = 3.2 , area_rank = 30th , length_km = 531 , length_mi = 330 , width_km = 305 , width_mi = 190 , Latitude = 30°11' N to 35° N , Longitude = 84°53' W to 88°28' W , elevation_m = 150 , elevation_ft = 500 , elevation_max_m = 735.5 , elevation_max_ft = 2,413 , elevation_max_point = Mount Cheaha , elevation_min_m = 0 , elevation_min_ft = 0 , elevation_min_point = Gulf of Mexico , OfficialLang = English , Languages = * English 95.1% * Spanish 3.1% , population_demonyms = Alabamian, Alabaman , population_as_of = 2021 , population_rank = 24th , 2010Pop = 5,039,87 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Criminal Appeal (Ireland)
The Court of Criminal Appeal ( ga, An Chúirt Achomhairc Choiriúil) was an appellate court for criminal cases in the law of the Republic of Ireland. It existed from 1924 until 2014, when it was superseded by the Court of Appeal, which can hear appeals for all types of case. Operation The Court of Criminal Appeal heard appeals for indictable offences tried in the Circuit Court, the Central Criminal Court, and the Special Criminal Court. The Court sat in a division of three, with one Supreme Court judge and two High Court judges. The court could hear appeals by a defendant against conviction, sentence or both. Leave to appeal was only given where there was a disagreement on a point of law, although an exception can be made when new evidence becomes available which could not have been presented before the original court. The Director of Public Prosecutions could also appeal against a sentence on the grounds that it was unduly lenient. A further appeal to the Supreme Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Criminal Appeal (England And Wales)
The Court of Criminal Appeal was an English appellate court for criminal cases established by the Criminal Appeal Act 1907. It superseded the Court for Crown Cases Reserved to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judges and the Home Office against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji led to the concession of a new court that could hear matters of law, fact or mixed law and fact. Though the court was staffed with the judges who had shown such hostility (consisting of the Lord Chief Justice and eight judges of the Queen's Bench Division of the High Court), it had a restraining effect on the excesses of prosecutors. During the period 1909–1912, there was an average of 450 annual applications for leave to appeal of which an average of 170 were granted. Of that 170, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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