Keith Mack
An appellate court, also known as a court of appeals, appeal court, court of second instance, or second-instance court, is a court of law that hears cases appealed from a trial court or other lower tribunal. In the United States, appellate courts typically review whether the lower court made the correct legal determinations rather than hearing direct evidence and determining the facts of the case. Federal appellate courts hear cases that originated in state courts when they involve claims that a state or local law or action violates rights guaranteed under the U.S. Constitution. In criminal cases, the defendant may appeal a conviction based on a guilty verdict, but the government may not appeal if the defendant is found not guilty. Appellate courts can also review decisions by federal administrative agencies and hear some original proceedings filed directly with the courts of appeals. The authority of appellate courts to review the decisions of lower courts varies across jurisdictions, with some courts having limited powers of review.
| Characteristics | Values |
|---|---|
| Number of cases handled per year | 50,000+ |
| Percentage of cases appealed to the U.S. Supreme Court | 10% or fewer |
| Number of cases the U.S. Supreme Court hears oral arguments for | fewer than 100 |
| Jurisdiction | Cases that allege violations of federal constitutional rights |
| Types of cases heard | Habeas corpus cases, cases involving patent laws, cases from the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Patent and Trademark Office |
| Binding | Yes, decisions are binding on lower courts within the same circuit |
| Procedure | Review of procedures and decisions in lower courts, determination of whether the law was applied correctly |
| Hearing format | Oral arguments or written briefs |
| Decision-making | Determination of whether errors occurred in applying the law at the lower court level, reversal only for an error of law |
| Decision outcome | Affirm, reverse, remand or modify the lower court's decision |
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What You'll Learn
Jurisdiction and types of cases heard
Jurisdiction in appellate law refers to the ability of an appeals court to review and make decisions on cases heard by trial courts and other lower courts. In the United States, the federal court system is divided into 12 regional circuits, each with its own court of appeals, also known as the U.S. Court of Appeals. These courts have jurisdiction over cases originating in the district courts within their respective circuits. The Supreme Court, the highest appellate court, has jurisdiction over the decisions of the circuit courts.
The types of cases heard by appellate courts vary depending on the jurisdiction. In the United States, appellate courts typically review cases that allege violations of federal constitutional rights, regardless of whether the alleged violations involve federal, state, or local governments. These cases may involve issues such as freedom of speech and religion, the right to bear arms, search and seizure, the right to counsel, and equal protection under the law. Federal appellate courts also hear habeas corpus appeals, which allege improper incarceration and form the basis for federal appeals of death penalties imposed by state courts. Additionally, appellate courts can review decisions by federal administrative agencies and hear some original proceedings filed directly with the courts of appeals.
In criminal cases, the defendant may appeal a conviction based on a guilty verdict, but the government may not appeal if the defendant is found not guilty. Either side may appeal a sentence imposed after a guilty verdict if it is argued that the sentence violates the law or reflects an incorrect application of sentencing guidelines. When defendants plead guilty, they typically give up their right to appeal, except for claims relating to sentencing.
Appellate courts do not retry cases, hear new evidence, or witness testimonies. Instead, they focus on reviewing the record of the lower court proceedings to determine if a legal error occurred and affected the case outcome. This distinguishes them from trial courts, which focus on fact-finding and witness testimonies.
The authority of appellate courts to review lower court decisions can vary across jurisdictions. While some appellate courts have jurisdiction over all cases decided by lower courts, others are divided by the type of jurisdiction they exercise. The review process may involve an entirely new hearing, a hearing where the appellate court gives deference to the lower court's factual findings, or a review of specific legal rulings made by the lower court.
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Appellate court structure
An appellate court, commonly referred to as a court of appeals, appeal court, court of second instance, or second instance court, is a court of law that hears cases appealed from a trial court or other lower tribunal. Court systems around the world are typically divided into at least three levels: the trial court, which initially hears cases and considers evidence and witness testimony; one or more intermediate appellate courts; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts.
In the United States, both state and federal appellate courts are generally restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining the facts of the case. Federal appellate courts hear cases that originated in state courts when they involve claims that a state or local law or action violates rights guaranteed under the U.S. Constitution. Federal appellate courts also hear habeas corpus appeals involving death penalties issued by state courts, as well as by federal courts.
The High Court has appellate jurisdiction over all other courts, including the Supreme Courts of the States and Territories. Appeals to the High Court are by special leave only and are generally only granted in cases of public importance or matters involving the interpretation of the Commonwealth Constitution. In most cases, the appellate divisions of the Supreme Courts of each State and Territory, and the Federal Court, are the final courts of appeal.
U.S. appellate courts have jurisdiction over cases that allege violations of federal constitutional rights, regardless of whether the alleged violations involve federal, state, or local governments. Federal courts of appeals routinely handle more than 50,000 cases each year, with only about 10% of those decisions appealed to the U.S. Supreme Court.
Appellate courts can also review decisions by federal administrative agencies and hear some original proceedings filed directly with the courts of appeals. A 13th court of appeals, the U.S. Court of Appeals for the Federal Circuit, has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.
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Appellate procedure
An appellate court, also known as a court of appeals, appeal court, court of second instance, or second-instance court, is a court of law that hears cases appealed from a trial court or other lower tribunal. The authority of appellate courts to review the decisions of lower courts varies across jurisdictions. In some areas, the appellate court has limited powers of review. Appellate courts do not retry cases, hear new evidence, or hear witness testimony, and there is no jury. Instead, they review the procedures and decisions of lower courts to ensure that the proceedings were fair and that the law was applied correctly. They may also review decisions by federal administrative agencies and hear some original proceedings filed directly with the courts of appeals.
In the United States, both state and federal appellate courts typically restrict themselves to examining whether the lower court made the correct legal determinations rather than re-evaluating the facts of the case. Federal appellate courts hear cases that originated in state courts when they involve claims that a state or local law or action violates rights guaranteed under the U.S. Constitution. These include habeas corpus cases, which allege improper incarceration and form the basis for federal appeals of death penalties imposed by state courts. Federal appellate courts also hear appeals involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.
In a criminal case, the defendant may appeal a conviction based on a guilty verdict, but the government may not appeal if the defendant is found not guilty. Either side in a criminal case may appeal a sentence imposed after a guilty verdict if it violates the law, reflects an incorrect application of sentencing guidelines, or improperly departs from those guidelines. When defendants plead guilty, they generally give up their right to appeal, except for claims relating to their sentencing. In a civil case, either party may appeal to a higher court.
The appellate court's judgment provides the final directive on the matter appealed, specifying whether the action should be affirmed, reversed, remanded, or modified. If the judgment is reversed, the appellate court will usually send the case back to a lower court and order further action, such as reconsidering the facts, taking additional evidence, or considering the case in light of a recent appellate court decision. In some cases, appeals courts make their decisions based solely on written briefs, while in other cases, they hear oral arguments. During oral arguments, each side's attorney is given a brief opportunity to argue their case and answer questions from the judges.
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Grounds for appeal
- Error of Law: This is considered the strongest ground for appeal. An error of law occurs when the judge applies the wrong rule or legal standard to the facts of the case. For example, if a trial court fails to follow the relevant statute or case law applicable to the specific circumstances of the case, it may constitute grounds for appeal.
- Abuse of Discretion: Trial judges have significant discretion in making decisions, except when it comes to strictly applying the law. If a judge is deemed to have abused their discretion by making decisions that fall outside their discretionary powers, it may be grounds for appeal. However, appeals based on judicial discretion are challenging to win.
- Sentencing Issues: In criminal cases, either side may appeal the sentence imposed after a guilty verdict. They can argue that the sentence violates the law, reflects an incorrect application of sentencing guidelines, or deviates from those guidelines inappropriately.
- Procedural Fairness: Appellate courts review cases to ensure that the proceedings in the lower court were fair and followed the correct procedures. If there are concerns about the fairness of the trial or the application of legal procedures, it may warrant an appeal.
- Factual Errors: Generally, appellate courts defer to the trial judge's factual findings, especially when the judge serves as the "fact-finder" in cases without a jury. However, if there is clear evidence that the judge made a significant error regarding the facts of the case, it could be grounds for appeal.
It is important to note that the criteria for accepting an appeal and the likelihood of success vary depending on the jurisdiction and the specific circumstances of each case.
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Appellate decision-making
An appellate court, also known as a court of appeals, appeal court, court of second instance or second-instance court, is any court of law that hears cases appealed from a trial court or other lower tribunal. In the US, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining the facts of the case.
Appellate courts can review decisions by federal administrative agencies and hear some original proceedings filed directly with the courts of appeals. They also have jurisdiction over cases that allege violations of federal constitutional rights, regardless of whether the alleged violations involve federal, state, or local governments. Federal appellate courts hear cases that originated in state courts when they involve claims that a state or local law or action violates rights guaranteed under the US Constitution.
In a criminal case, the defendant may appeal a conviction based on a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal a sentence that is imposed after a guilty verdict by arguing that the sentence violates the law, reflects an incorrect application of the sentencing guidelines, or improperly departs from the sentencing guidelines. In civil cases, either party may appeal to a higher court.
Appellate courts do not retry cases or hear new evidence, witnesses, or juries. They determine whether errors occurred in applying the law at the lower court level and will reverse a trial court only for an error of law. However, not every error of law is cause for a reversal. Some are considered harmless errors that did not prejudice the rights of the parties to a fair trial. If the judgment is reversed, the appellate court will usually send the case back to a lower court and order the trial court to take further action.
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Frequently asked questions
An appellate law case is a case that has been taken to an appellate court, also known as a court of appeals, after a trial court or lower tribunal has made a decision. The appellate court will review the decision of the lower court and determine whether the law was applied correctly.
Appellate courts can hear cases involving violations of federal constitutional rights, including freedom of speech and religion, the right to bear arms, search and seizure, right to counsel, and equal protection under the law. They also hear cases involving patent laws, trade, federal claims, and trademark issues.
In a criminal case, the defendant may appeal a conviction based on a guilty verdict, but the government may not appeal if the defendant is found not guilty. In a civil case, either party may appeal to a higher court.
