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Appellate Jurisdiction
Appellate jurisdiction is the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right. 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). The courts of the United States Under Article Three of the United States Constitution, the judicial power of the United States is vested in the Supreme Court of the United States and the inferior courts established by law. The Federal Rules of Appellate Procedure govern appellate proceedings.
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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'' by the Commonwealth parliament. 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 of 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 on the advice of the Prime Minister by the Governor-General, and are appointed permanently until their mandatory retirement at age 70. The court has resided in Canberra since 1980. Its sittings are primarily held within the High Court building, located in the Parliamentary Triangle and overlooking Lake Burley Gr ...
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Court Of First Instance
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. A trial court of general jurisdiction is authorized to hear some type of civil or criminal case that is not committed exclusively to another court. In the United States, the United States district courts are the trial courts of general jurisdiction of the federal judiciary; each state has a system establishing trial courts of general jurisdiction, such as the Florida Circuit Courts in Florida, the Superior Courts of California in California, and the New York Supreme Court in New York state. Not all cases are heard in trial courts of general jurisdiction. A trial court of limited jurisdiction is authorized to hear only specified types of cases. Trial courts of limited jurisdiction may be limited in subject-matter jurisdiction (such as juvenile, probate, and family courts in many U.S. states, or the United States Tax Court in the federal judiciary) or by other means, such a ...
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District Court Of The Virgin Islands
The District Court of the Virgin Islands (in case citations, D.V.I.) is a United States territorial court with jurisdiction over federal and diversity actions in the United States Virgin Islands, a United States territory and more specifically an insular area that is an unincorporated organized territory. The court sits in both St. Croix and St. Thomas. Unlike United States district courts, judges on the District Court of the Virgin Islands do not have life tenure, as the court is not an Article III court. Instead, the court is an Article IV court, created pursuant to Congress's Article IV, Section 3 powers. Appeals of the court's decisions are taken to the United States Court of Appeals for the Third Circuit in Philadelphia. The District Court used to have jurisdiction over all local civil actions brought in the Virgin Islands, but in 1976 the Virgin Islands Legislature—as allowed by the Revised Organic Act of 1954—gave a portion of this jurisdiction to the former Te ...
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District Court Of Guam
The District Court of Guam (in case citations, D. Guam) is a United States territorial court with jurisdiction over the United States territory of Guam. It sits in the capital, Hagåtña. Appeals of the court's decisions are taken to the United States Court of Appeals for the Ninth Circuit. It is not an Article III court, and therefore its judges do not have life tenure, but a ten-year term. History The District Court of Guam was established in 1950 by the Guam Organic Act to have the same jurisdiction as a United States district court. Under Section 22(a) of the Guam Organic Act, the Court was granted: * in all causes arising under the laws of the United States, the jurisdiction of a district court of the United States as such court is defined in section 451 of title 28, United States Code; * original jurisdiction in all other causes in Guam, jurisdiction over which has not been transferred by the legislature to other court or courts established by it, and; * such appellate jur ...
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United States Of America
The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major self-governing territories, 326 Indian reservations, and some minor possessions. At , it is the world's third- or fourth-largest country by total area. With a population of more than 328 million people, it is the third most populous country in the world. The national capital is Washington, D.C., and the most populous city is New York City. Paleo-Indians migrated from Siberia to the North American mainland at least 12,000 years ago, and European colonization began in the 16th century. The United States emerged from the thirteen British colonies established along the East Coast. Disputes over taxation and political representation with Great Britain led to the American Revolutionary War (1775–1783), which established independence. In the late 18th century, the U.S. began vigor ...
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United States Court Of Appeals For The Federal Circuit
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-1967 * "United" ...
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Appellate Procedure In The United States
United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts. The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted. There are many types of standard of review for appeals, such as ''de novo'' and abuse of discretion. However, most appeals begin when a party files a petition for review to a higher court for the purpose of overturning the lower court's decision. An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case 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, fact, procedure or due process. In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superi ...
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Appellate
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ...
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Exclusive Jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction (or non exclusive jurisdiction), in which more than one court may take jurisdiction over the case. Exclusive jurisdiction is typically defined in terms of subject matter. For example, gives the United States district courts exclusive jurisdiction over all matters arising in bankruptcy (with few exceptions). On a Federal level, exclusive jurisdiction allows the Supreme Court to review the decisions in lower courts. See also *Original jurisdiction--the power of a court to hear a case for the first time *Appellate jurisdiction--the power of a court to hear a case on appeal Category:Civil procedure Category:Jurisdiction {{law-stub ...
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Judicial Review
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the pri ...
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Court Of Last Resort
The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and W ...
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Appellate Court
An appellate court, commonly called an ''appeals court'', ''court of appeals'' (American English), ''appeal court'', ''court of appeal'' (British English), ''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 most jurisdictions, the court system is 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. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts nationwide can operate under varying rules. 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. Gene ...
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Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases which are directly brought to the Supreme Court Cases which require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard In the supreme court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to ...
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Jury
A jury is a sworn body of people (the jurors) convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England during the Middle Ages, and are a hallmark of the Anglo common law legal system. They are still commonly used today in Great Britain, the United States, Canada, Australia, and other countries whose legal systems are descended from England's legal traditions. Most trial juries are "petit juries", and usually consist of twelve people. A larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects, but all common law countries except the United States and Liberia have phased these out. The modern criminal court jury arrangement has evolved out of the medieval juries in England. Members were supposed to inform themselves of crimes and then of the details of the crimes. Their function was therefore closer to that ...
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