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When an appeal is filed in a case which court has jurisdiction the lower court or higher court?
A 'higher' court will hear an appeal from a 'lower' court
What is a court case brought from a lower court to a higher court called?
A court case brought from a lower court to a higher court is called an appeal. In an appeal, the higher court reviews the decision made by the lower court to determine if any errors were made in applying the law.
To apply a higher court for reconsideration of the decision of a lower court is to?
Appeal the decision of the court.
What does it mean if a losing side in a court case wants to appeal the case?
It means that they want another shot at the case or they think the lower court was wrong, so they appeal to a higher case which reviews the lower court's decision for an error in law and facts. If they win on appeal, the appellate court either rules in their favor or remands (returns) the case back to the lower court to redecide.
What does it mean for a higher court to uphold a lower courts decision?
That means a case heard in a trial court was appealed to an appellate court; the appellate court agreed with the lower court's decision, and determined the case was conducted properly. When this happens, the appellate court "affirms" the trial court decision, and that decision becomes final unless the case is carried to a higher appellate court that reverses the trial court's decision.
What does it mean to appeal a court case and how does the process work?
Appealing a court case means asking a higher court to review a decision made by a lower court. The process typically involves filing a notice of appeal, submitting legal briefs outlining arguments, and possibly presenting oral arguments in court. The higher court will then review the case and make a decision on whether to uphold, reverse, or modify the lower court's decision.
Can you define the legal terms "reversed" and "remanded" and explain how they are used in the context of a court decision?
"Reversed" in a court decision means that a higher court has overturned the decision of a lower court. "Remanded" means that the higher court sends the case back to the lower court for further action or reconsideration. These terms are used to indicate the outcome of an appeal or review of a legal case.
If you make an appeal you are asking?
You are asking a higher court to review and overrule the finding of a lower court.
What is court reversal?
Specifically a "reversal" is when the same court changes its own decision, either on the same case or a later one; for the same issue(s). When a higher court overturns a decision of a lower court it is normally called "overturn" or "overruled" decision. As noted a reversal is a specific term.A reversal also occurs when an appellate court changes a decision of a lower court (whether that lower court is a trial court or the first appellate level) because of some error made by court below it.
Is a judicial order that instructs a lower court to send up the record in a case so that the decision can be reviewed by a higher court mandamus certiorari habeas corpus remand?
The correct term for a judicial order that instructs a lower court to send up the record in a case for review by a higher court is "certiorari." This writ is typically used by appellate courts to obtain the records of a lower court's proceedings. Mandamus refers to an order compelling a lower court or government official to perform a specific duty, while habeas corpus pertains to the right to challenge unlawful detention. Remand refers to sending a case back to a lower court for further action.
What happens if the lower court decision is reversed and remanded?
The case is re-tried, or perhaps (at the option of the prosecution) the charges may be dropped or reduced.
What steps do cases go through to reach the Supreme Court?
The case must first be heard at the lowest level of court. Most states have a court system that exists in the same area as a federal magistrate court or federal district court. The case must be decided by the lower court and appealed to a higher court. In the federal system this is the circuit court. Once all the lower courts have been exhausted, the lawyers may apply to be heard by the Supreme Court. The Supreme Court will determine which cases it will hear.
