Lower Court - Law Dictionary Search Results
Home Dictionary Name: lower courtlower court
lower court : a court whose decisions are subject to review or to appeal to a higher court ...
court of appeals
court of appeals often cap C&A : a court hearing appeals from the decisions of lower courts: as a : an intermediate court of the U.S. federal judicial system b : a state appellate court called also court of appeal see also the Judicial System in the back matter NOTE: Not all of the states have intermediate-level courts but of those that do, many are called the Court of Appeals or, in California and Louisiana, the Court of Appeal. In Hawaii, such a court is called the Intermediate Court of Appeals. In some states, appeals are divided between a court of criminal appeals and a court of civil appeals. In the District of Columbia, Maryland, and New York the court of last resort is called the Court of Appeals, and the intermediate court in Maryland is called the Court of Special Appeals. In West Virginia the court of last resort is called the Supreme Court of Appeals. In England the Court of Appeal is a division of the Supreme Court of Judicature. ...
appellate court
appellate court a court that reviews decisions of lower courts. In the federal courts, the primary appellate courts are the U.S. courts of appeals and the U.S. Supreme Court. State courts also have a court of appeals and a high appellate court (usually called the state's Supreme Court). Source: Federal Judicial Center ...
Appellate Court
Appellate Court, means a court with jurisdiction to review decisions of lower courts or administrative agencies, Black Law Dictionary, 7th Edn., p. 356....
appeal
appeal [Old French apel, from apeler to call, accuse, appeal, from Latin appellare] : a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect ;also : a proceeding for the review of an agency decision at a higher level within the agency or in a court see also affirm compare certiorari, new trial, rehearing NOTE: The scope of an appeal is limited. The higher court will review only matters that were objected to or argued in the lower court during the trial. No new evidence can be presented on appeal. ap·peal·abil·i·ty [ə-pē-lə-bi-lə-tē] n ap·peal·able [ə-pē-lə-bəl] adj vt : to take (a lower court's decision) before a higher court for review : undertake an appeal of (a case) vi : to take a lower court's decision to a higher court for review ...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
remand
remand [Anglo-French remander, from Middle French, to order back, from Late Latin remandare to send back word, from Latin re- back + mandare to order] vt 1 : to return (a case or matter) from one court to another esp. lower court or from a court to an administrative agency [the judgment of the trial court is reversed and the cause ed to the superior court for further proceedings consistent with this opinion "McCarton v. Estate of Watson, 693 P.2d 192 (1984)"] compare affirm 2 : to send (an accused) back into custody by court order (as pending trial) : turn (a prisoner) over for continued detention vi : to return a case to a lower court or other tribunal [the court ed for resentencing "K. A. Cohen"] n 1 : the act of remanding or state of being remanded 2 : an order remanding a case or person ...
error
error : an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings or making findings in a case [to compel to conclusion that a manifest has been done "Moses v. Burgin, 445 F.2d 369 (1971)"] often used without an article [had been to give the jury special interrogatories "K. A. Cohen"]; see also assignment of error, clearly erroneous NOTE: Generally a party must object to an error at trial in order to raise it as an issue on appeal. clear error : an error made by a judge in his or her findings of fact which is such that it leaves the reviewing court with the firm and definite conviction that a mistake has been made NOTE: A clear error may or may not warrant reversal. fundamental error : plain error in this entry used esp. in criminal cases harmless error : an error that does not affect a substantial right or change the outcome of a trial a...
affirm
affirm 1 : to assert as true or factual 2 : to assert (as a judgment) as valid or confirmed [ed the lower court's ruling] compare remand, reverse vi 1 : to make a solemn declaration under the penalties of perjury in place of swearing an oath to which one conscientiously objects 2 : to uphold the judgment or actions of a lower court [the appeals court ed] af·fir·mance [ə-fər-məns] n af·fir·ma·tion [a-fər-mā-shən] n ...
below
below 1 : in a lower court [the presumption that the decisions …are correct "W. J. Brennan, Jr."] 2 : lower on the same page or on a following page [the paragraph ] prep : lower in place, rank, or value than below the line : in calculations that yield taxable income [deductions taken below the line] ...
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