翻訳と辞書
Words near each other
・ Appel reaction
・ Appel, Germany
・ Appel, Netherlands
・ Appell
・ Appell sequence
・ Appell series
・ Appell's equation of motion
・ Appellate Body
・ Appellate court
・ Appellate Division
・ Appellate Division Courthouse of New York State
・ Appellate Division of the New York Supreme Court, First Judicial Department
・ Appellate jurisdiction
・ Appellate Jurisdiction Act
・ Appellate Jurisdiction Act 1876
Appellate procedure in the United States
・ Appellate Tribunal for Foreign Exchange
・ Appellation
・ Appellation (disambiguation)
・ Appellation d'origine contrôlée
・ Appellation d'origine protégée (Switzerland)
・ Appellaxian
・ Appelle
・ Appelle mon numéro
・ Appellhofplatz (KVB)
・ Appellplatz
・ Appell–Humbert theorem
・ Appelmans
・ Appeln
・ Appelpop


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Appellate procedure in the United States : ウィキペディア英語版
Appellate procedure in the United States

In United States appellate procedure, an appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from state to state. The right to file an appeal can also vary from state to state; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.〔Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 1:2〕
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.
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, superior courts, or supreme courts.
==Access to appellant status==
A party who files an appeal is called an "appellant", "plaintiff in error", "petitioner" or "pursuer", and a party on the other side is called a "appellee". A "cross-appeal" is an appeal brought by the respondent. For example, suppose at trial the judge found for the plaintiff and ordered the defendant to pay $50,000. If the defendant files an appeal arguing that he should not have to pay any money, then the plaintiff might file a cross-appeal arguing that the defendant should have to pay $200,000 instead of $50,000.
The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered. This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence.
The appellant in the new case can be either the plaintiff (or claimant), defendant, third-party intervenor, or respondent (appellee) from the lower case, depending on who was the losing party. The winning party from the lower court, however, is now the respondent. In unusual cases the appellant can be the victor in the court below, but still appeal.
An appellee is the party to an appeal in which the lower court judgment was in its favor. The appellee is required to respond to the petition, oral arguments, and legal briefs of the appellant. In general, the appellee takes the procedural posture that the lower court's decision should be affirmed.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Appellate procedure in the United States」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.