Appellate jurisdiction - sustany/dvg GitHub Wiki

Appellate jurisdiction refers to the power of a court to hear�appeals�from�lower courts. �

Overview:

Appellate jurisdiction includes the power to reverse or modify the the lower court's�decision. Appellate jurisdiction exists for both�civil law�and�criminal law.�

In an appellate case, the party that appealed the lower court's decision is called the�appellate, and the other party is the�appellee.�

In order for an appellate court to hear a case, a�party�must typically file an appeal, in which it contests the decision of a lower court. There are typically two types of appeals:�

Appeal as A Matter of Right
  • An appeal as a matter of right refers to a party's right to appeal a lower court's decision, without needing approval from any court.
Discretionary Appeal
  • A discretionary appeal refers to an appellate court's discretion to decide whether it chooses to accept a party's appeal from a lower court decision.
    • Typically for a discretionary appeal, the�appellate�party must file a�writ�of�certiorari�with the appellate court.

Federal Court System:

In the�federal court system, the�circuit courts�have appellate jurisdiction over the cases of the�district courts, and the�Supreme Court�has appellate jurisdiction over the decisions of the circuit courts. �

The federal court system's appellate procedure is governed by the�Federal Rules of Appellate Procedure, which is contained within�Title 28�of the�United States Code.�

State Court Systems:

Each state has its own�state court�system. While the names of the courts differ from state to state, each state's system allows for appellate jurisdiction of some kind. However, each state, typically by�statute,�determines whether its appellate jurisdiction is based on appeals as a matter of right, discretion appeals, or a combination of the two. Most states extend appeals as a matter of right to all appeals from trial cases.�

States may also choose to differentiate between civil appellate jurisdiction and criminal appellate jurisdiction.�

For example, the�Florida Rules of Appellate Procedure Rule 9.140�creates special rules for appeals of criminal cases.���