Appeal

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By law, the appeal is the process in which the case is reviewed, in which the parties request an official change to the official decision. The appeal serves as both a process for error correction and a process of clarification and interpretation of the law. Although appeals courts have existed for thousands of years, common law countries have not included an affirmative right to appeal into their jurisprudence until the 19th century.

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History

The appellate court and other error correction systems have been in existence for several millennia. During the first dynasty of Babylon, Hammurabi and his governor served as the highest court of appeal in the country. Ancient Roman law used a complex hierarchy of appellate courts, where several appeals would be heard by the emperor. In addition, the appeal court has existed in Japan since at least the Kamakura Shogunate (1185-1333 CE). During this time, the Shogunate established a hikitsuke, a high court of appeals to assist the state in prosecuting lawsuits. In the eighteenth century, William Blackstone observed in his Commentary on English Law that appeal exists as a form of error correction in general law during the reign of Edward III of England.

Although some scholars argue that "the right to appeal is itself a matter of substantive freedom", the notion of the right to appeal is a relatively recent emergence in the jurisdiction of common law. In fact, commentators have observed that the jurisdiction of common law is "slow to include the right to appeal into civil or criminal jurisprudence". For example, the United States first created a federal appeals court system in 1789, but the federal right to appeal did not exist in the United States until 1889, when Congress passed the Judicial Law to allow appeals in capital cases. Two years later, the right to appeal was extended to other criminal cases, and the US Court of Appeals was established to review the decisions of the district court. Some states, such as Minnesota, still have not officially recognized the right to file a criminal appeal.

Maps Appeal

Appeal procedure

Although some courts allow appeals in the early stages of litigation, most prosecutors appeal the final order and judgment from lower courts. The basic premise of many legal systems is that the appeals court reviews the legal questions of de novo , but the appeals court does not conduct independent fact-finding. In contrast, the appeals courts will generally be subject to the records set by the court, unless some errors occur during the fact-finding process. Many jurisdictions grant constitutional or constitutional rights to litigation to appeal an adverse decision. However, most jurisdictions also recognize that this right can be revoked. In the United States, for example, a litigant may override the right to appeal, as long as the release is "considered and intelligent".

The appeals process usually begins when an appeals court provides a party petition for review or petitions for certiorari. Unlike the trial, an appeal is usually given to a judge, or a panel of judges, not a jury. Before making a formal argument, the parties will generally submit a legal summary in which the parties propose their arguments. The appellate court may also grant permission to amicus curiae to submit a brief to support a particular party or position. After submitting the report, the party often has the opportunity to present an oral argument to a judge or a panel of judges. During oral arguments, judges often ask questions to lawyers to challenge their arguments or to advance their own legal theory. After negotiating in the room, the appeals court will issue a formal opinion that resolves the legal issues presented for review.

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Appeals court

When considering an appeal, the appeals court generally confirms, reverses, or vacates a lower court decision. Some courts maintain a dual function, in which they consider both appeal and "first instance" problems. For example, the United States Supreme Court primarily heard cases of appeals but retained original jurisdiction over limited cases. Some jurisdictions maintain an intermediate appeals court system, which is subject to a higher appeals court review. The highest appeals court in jurisdiction is sometimes referred to as the "final judgment".

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See also

• Civil Procedures
• List of legal topics
• Judicial review
• Appeal procedure in the United States
• Review coverage

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Note

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References

Source of the article : Wikipedia