Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a trial de novo); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record).

Courts of the United States

Under Article Three of the United States Constitution, all judicial power of the United States is vested in one supreme court, the Supreme Court of the United States.

http://www.uscourts.gov/rules/appel2007.pdf Federal Rules of Appellate Procedure

Standard of review

Under its standard of review, an appellate court decides the extent of deference it would give to the lower court's decision, based on the fact or law of the appeal.

In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings of fact. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony. When reviewing lower decisions on an issue of fact, courts of appeal generally look for "clear error". The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision, if the appellate court believes the lower court misapplied the facts to the law or wrongly applied the law. An appellate court may also review the lower court judge's decisions of discretions, such as whether the judge properly granted a new trial or disallowed evidence. Review is for "abuse of discretion". This standard tends to be even more deferential than the "clear error" standard.

Sources

United States Constitution, Article III (1783).

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Category:Legal termsCategory:Jurisdiction