Kara Sears
Common law is a complex form of reasoning by analogy, where judges search for past decisions from similar cases to use as precedents. In the US, appellate courts handle more than 50,000 cases annually, reviewing decisions by federal agencies and district courts to ensure fairness and correct application of the law. These courts can establish new precedents, and their decisions are binding on lower courts in the same jurisdiction. However, appellate court decisions are not binding on other appellate courts or trial courts in different jurisdictions, and appeals to higher courts are not automatic, requiring permission and a legal basis. Common law maxims and social facts are often used to support appellate arguments and decisions, contributing to the complexity and evolution of the law.
| Characteristics | Values |
|---|---|
| Binding nature of appellate court decisions | Decisions of appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court. |
| Appeal process | Appellate court decisions can be appealed to the Supreme Court with its permission. |
| Review of decisions by federal administrative agencies | Appellate courts can review decisions made by federal administrative agencies. |
| Hearing of original proceedings | Appellate courts can hear certain original proceedings filed directly with them. |
| Jurisdiction | The 13th Court of Appeals, the U.S. Court of Appeals for the Federal Circuit, has nationwide jurisdiction to hear appeals in specialized cases. |
| Use of precedents | Appellate courts use past decisions or precedents from similar cases to guide their rulings. |
| Reliance on social facts and policy arguments | Appellate courts may use social facts and policy arguments to support their decisions, particularly when arguing for a reversal of existing precedent. |
| Written decisions | Appellate courts often issue written decisions, especially when interpreting the law in a new way or establishing a precedent. |
| Remanding cases | If the judgment of an appellate court reverses the lower court's decision, it will usually send the case back to the lower court for further action. |
| Appeal rights | In civil cases, either party may appeal to a higher court, while in criminal cases, only the defendant typically has the right to appeal. |
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What You'll Learn
Common law and appeals court binding precedent
Common law is a complex form of reasoning by analogy, which involves judges searching for past decisions from similar cases. These past decisions are known as precedents. Trial judges follow these precedents to ensure consistency in the law. Decisions of higher courts become binding precedent for lower courts within their geographic region. Lower courts must follow binding precedents. All courts must follow any binding precedent decisions made by the U.S. Supreme Court. Trial court judges must also follow binding precedent decisions by the appellate court in their geographic area.
Appellate courts can review decisions by federal administrative agencies and hear some original proceedings filed directly with them. They ensure that proceedings in lower courts were fair and that the law was applied correctly. In the federal system, 94 district courts are organised into 12 regional circuits, each with its own court of appeals. The U.S. Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialised cases, such as those involving patent laws.
Appellate court decisions are not binding on other appellate courts or trial courts in different geographic regions. However, they may have a persuasive influence, and these courts may consider them but still disagree. Judges may overrule past decisions, but this is rare. Appellate courts can establish new precedents, particularly when issuing a new interpretation of the law. When an appellate court reasons from considerations of justice, equity, fairness, common sense, workability, practical considerations, or other policy-oriented reasons, it is likely using social facts as a basis for its discussion.
In a civil case, either party may appeal to a higher court, but in a criminal case, only the defendant has the right to appeal in most states. A losing party does not automatically have the right to appeal and must usually demonstrate a legal basis for the appeal, such as an alleged material error in the trial. If the appellate court affirms the lower court's judgment, the case ends unless the losing party appeals to a higher court. If the judgment is reversed, the appellate court will usually send the case back to a lower court for further action.
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Appeals court decisions and new interpretations of the law
Appeals court decisions are not binding on other appellate courts or trial courts in different geographic regions. However, they may have a persuasive influence, and other courts may consider them but still disagree. Judges may overrule past decisions, but this is rare.
Appellate courts often issue written decisions, especially when dealing with a new interpretation of the law or establishing a new precedent. One judge is designated to write an opinion, which may go through several drafts before a majority of the court agrees. Judges who disagree with the majority opinion may issue a dissenting opinion, and those who agree with the result but not the reasoning may file a concurring opinion.
When judges use common law, they search for past decisions from similar cases, known as precedents. Trial judges follow these precedents to ensure the law is constant. Decisions of higher courts become binding precedents for lower courts within their geographic region, and all courts must follow any binding precedent decisions made by the U.S. Supreme Court.
Common law reasoning involves a complex form of reasoning by analogy. Appellate courts regularly invoke ancient maxims to support their decisions, and social facts and policy arguments can be highly effective in supporting appellate arguments about common law. Appellate courts can also review decisions by federal administrative agencies and hear some original proceedings filed directly with them.
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Appeals court remanding cases to lower courts
In the United States, appellate courts review the decisions and procedures of district courts, or trial courts, to ensure that the proceedings were fair and that the law was applied correctly. In doing so, they handle more than 50,000 cases each year, with only 10% or fewer of those decisions appealed to the U.S. Supreme Court. Therefore, most decisions made by appellate courts are final and binding on lower courts within the same circuit.
Appellate courts may remand cases to lower courts for further action or consideration if they are unable to reach a final determination. This may occur when the appellate court decides that the trial judge made a mistake, such as a procedural error, excluded admissible evidence, or ruled improperly on a motion. In such cases, the appeals court will send the case back to the lower court that made the prior ruling, giving them the opportunity to revisit their initial decision.
For example, in the case of Foxx v. Foxx, the appellate court vacated the lower court's order due to errors in the decision-making process. The trial court then issued a remanded order, adjusting the distribution of assets. However, the defendant appealed again, arguing that the trial court did not have the authority to change the distribution.
It is important to note that an appeal is not intended to give the appealing party a chance to retry their case and hope for a better outcome. Instead, appellate courts focus on the legal aspects of the trial court's ruling and may issue sanctions, vacate an order, remand the case, or uphold the original decision.
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Appeals court's use of maxims and social facts
Maxims are frequently invoked by appellate courts to support their decisions and interpretations of statutes, contracts, or other documents where the legislature is silent or ambiguous. One such example is the maxim "expressio unius est exclusio alterius", which translates to "the expression of one thing is the exclusion of another". This maxim was used in the context of same-sex marriage, where the definition of "marriage" in the Marriage Protection Act was amended to be between a man and a woman, excluding other forms of marriage not expressed in the statute.
The use of maxims in appellate courts can provide weight and dramatic flair to an attorney's argument, as they often speak to basic and universal truths or consistencies. Additionally, maxims can be quite effective in supporting an argument and may be considered intuitively obvious.
Social facts, which include scientific and technical material, are also used by appellate courts to shed light on human behavior and are often effective in supporting appellate arguments about common law. Social facts are differentiated from case facts, which are specific to a particular dispute. When an appellate court considers justice, equity, fairness, common sense, workability, or practical considerations, it is likely relying on social facts as a basis for its discussion.
For instance, an advocate seeking to make a new law must carefully consider and develop social facts that support their argument. By presenting social facts in the form of a Brandeis brief, advocates can demonstrate that a fundamental change in the common law is required. This approach can be powerful and may be necessary to show that the common law needs to adapt to evolving societal demands and expectations of justice.
In conclusion, appellate courts' use of maxims and social facts plays a significant role in shaping their decisions and interpretations. Maxims provide a persuasive tool for attorneys, while social facts help appellate courts address complex societal issues and ensure that common law remains responsive to changing social conditions and expectations of justice.
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Common law and the role of trial judges
Common law, also known as judicial precedent, judge-made law, or case law, is a body of law primarily developed through judicial decisions rather than statutes. It is deeply rooted in the concept of stare decisis, which means that courts follow precedents established by previous decisions. When judges use common law, they search for past decisions from similar cases, known as precedents, to help ensure that the law is constant. Trial judges must follow common law from the U.S. Supreme Court, their state supreme court, and the appellate court in their geographical area.
The role of trial judges is crucial in upholding the principles of common law. They are responsible for safeguarding both the rights of the accused and the interests of the public in the administration of criminal justice. Trial judges should be models of dignity and impartiality, maintaining order and decorum in judicial proceedings. They must ensure that all proceedings are conducted with dignity and fairness, and that the purpose of a criminal trial is to determine the guilt of the accused as required by law. Trial judges should also respond promptly to inquiries from persons in custody and ensure proper examination and cross-examination of witnesses.
In the context of common law, trial judges have the important task of determining which precedents to apply in deciding each new case. They must follow binding precedent decisions made by higher courts, including the U.S. Supreme Court and their state supreme court. These decisions become binding on lower courts within their geographic region. Additionally, trial judges must follow binding precedent decisions by the appellate court in their geographic area.
It is worth noting that while appellate court decisions can be appealed to the supreme court with permission, they are not binding on other appellate courts or trial courts in different geographic regions. These decisions may have persuasive influence, but other courts can still disagree with them. Judges have the rare power to overrule past decisions and establish new precedents in cases without precedent or clear legislative guidance.
In summary, common law plays a significant role in guiding trial judges' decisions, and trial judges, in turn, contribute to the development of common law by establishing and following precedents. This interplay between common law and the role of trial judges helps maintain consistency and fairness in the legal system.
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Frequently asked questions
Common law is a legal system that originated in England and is now used in various countries, including the United States and Canada. It is based on precedent, where judges rely on past decisions from similar cases to guide their rulings.
US appellate courts' decisions are binding on lower courts within the same jurisdiction. Lower courts must follow the precedents set by higher courts, including the US Supreme Court and their state supreme court, as well as the appellate court in their geographic area. Appellate courts can also establish new precedents, particularly when interpreting laws or handling complex forms of reasoning by analogy.
Yes, but with limitations. In most jurisdictions, decisions by appellate courts can be appealed to the US Supreme Court, but only if the Supreme Court permits the appeal. Similarly, some state court decisions may be appealed to the US Supreme Court with its permission. However, it is a misconception that cases are always appealed, as there usually must be a legal basis for the appeal, such as an alleged material error in the trial.
