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When would a person go to a court with appellate jurisdiction?
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What is original vs appellate jurisdiction?
They are in different places on the hierarchy of jurisdiction. Appellate jurisdiction is higher. Courts with appellate jurisdiction can hear appeals, whereas courts with original jurisdiction can hear cases for the first time.
A court with what jurisdiction would issue a writ of certiorari?
A writ of certiorari is issued under appellate jurisdiction, most often by the Supreme Court.
Why is Ex parte McCardle significant?
It demonstrated that although the Supreme Court has appellate jurisdiction through the Constitution, Congress is entitled to pass statutes that would take the jurisdiction of the court away.
What would fall under the original jurisdiction of the supreme court?
Section 2 of Article III of the constitution sates:"In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction."The Supreme Court has original jurisdiction in cases involving two states, and cases involving ambassadors, consuls, or other public ministers.This is not to be confused with appellate jurisdiction. Original jurisdiction is when the court hears the case first. Appellate jurisdiction is when the court hears an appeal from another court of original jurisdiction.
Is appellate jurisdiction reserved for courts which hear appeals from limited and general jurisdiction?
In the United States, all court systems must provide an appeals process for hearings and trials; therefore, there are appellate courts charged with the responsibility of considering appeals from every type of trial or hearing court/tribunal/panel. Limited and general jurisdiction covers pretty much everything.
What is the intermediate appellate court in a federal felony case?
The intermediate appellate court is the US Court of Appeals Circuit Court that has jurisdiction over the US District Court where the case was tried.For example, a federal felony case in New York City would start in the US District Court for the Southern District of New York and could later be appealed to the US Court of Appeals for the Second Circuit, the intermediate appellate court with jurisdiction over that District.
If you robbed the bank would you be sent to the supreme court?
Only if you live in New York, where the state trial court of general jurisdiction is the New York Supreme Court. Under most circumstances, "Supreme Court" refers to the highest appellate court in a state or federal court system. Appellate courts don't hold trials.
Can appellate courts take new cases that have never been tried before?
No, an appellate court may not hear new evidence. The power of the appellate court is strictly to review the record of the trial court to determine whether any errors that would affect the outcome of the case were committed. If the appellate court felt that there was insufficient evidence to support the trial court judgement, it will reverse the judgment rather than call for new evidence. If the appellate court feels that evidence was improperly excluded from the trial, it could reverse the trial court decision and remand it for a retrial with a direction that the new evidence be admitted on rehearing. IN either event the appellate will not act as a trial court and hear new evidence.
What is the definition of Court of Appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US supreme court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
Why is appellate court so important?
An appellate court -or appeals court- is where one would take their case if they wanted a retrial for any reason.
Will you ever see a murder trial in the US Supreme Court?
No. The US Supreme Court only exercises appellate jurisdiction over criminal cases originating in the state and federal court systems; they do not hold trials. The federal court of original jurisdiction (trial court) for a murder case would be the US District Court overseeing the territory in which the crime occurred.
What is the definition of courts of appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US Supreme Court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
