Appellate jurisdiction is the power of a court to review a lower court’s decision. Appellate courts are courts of review, and they do not have the power to hear new evidence or to make new findings of fact. Instead, they review the record of the lower court’s proceedings and decide whether the lower court made any errors of law. If the appellate court finds that the lower court made an error of law, it may reverse the lower court’s decision and remand the case for further proceedings.
Appellate jurisdiction is important because it ensures that the law is applied correctly. If there were no appellate courts, lower court decisions would be final, even if they were wrong. This would mean that people who were wrongly convicted of crimes would have no way to appeal their convictions. Appellate courts also play an important role in developing the law. When appellate courts decide cases, they often issue written opinions explaining their reasoning. These opinions can be used by lower courts in future cases, and they can also be used by lawyers and scholars to understand the law.
There are two main types of appellate courts: trial courts of appeal and courts of last resort. Trial courts of appeal are intermediate appellate courts that review decisions of lower trial courts. Courts of last resort are the highest appellate courts in a jurisdiction. In the United States, there are 50 state courts of last resort, as well as the United States Supreme Court.
Appellate courts have a number of powers that distinguish them from lower courts. First, appellate courts have the power to review the record of the lower court’s proceedings. This means that they can consider all of the evidence that was presented at trial, as well as the arguments of the parties. Second, appellate courts have the power to reverse the lower court’s decision. This means that they can set aside the lower court’s judgment and order a new trial. Third, appellate courts have the power to remand the case to the lower court for further proceedings. This means that they can send the case back to the lower court with instructions to conduct a new trial or to enter a new judgment.
Appellate courts also have a number of limitations. First, appellate courts cannot hear new evidence. This means that they cannot consider evidence that was not presented at trial. Second, appellate courts cannot make new findings of fact. This means that they cannot decide what happened at trial. Third, appellate courts are limited by the doctrine of stare decisis. This doctrine means that appellate courts are bound by the decisions of previous appellate courts. In other words, they cannot overturn precedent unless there is a good reason to do so.
Appellate jurisdiction is an important part of the judicial system. It ensures that the law is applied correctly and that people who are wrongly convicted of crimes have a way to appeal their convictions. Appellate courts also play an important role in developing the law.