USA Law

Tag: Appellate Process

  • Appeal

    Appeal in the United States A request to an appellate or superior court to review a final judgment made in a lower court. Appellate jurisdiction is the power conferred upon appeals courts to conduct such a review. It empowers the court to set aside or modify the lower court decision. An […]

  • Declaratory Judgment

    Declaratory Judgment in the United States A form of relief invoked when a plaintiff seeks a declaration of his or her rights. A declaratory judgment does not involve monetary damages, but rather is an assessment of a party's rights prior to a damage occurring. It differs from a conventional […]

  • Declaratory Judgment

    Declaratory Judgment in the United States A form of relief invoked when a plaintiff seeks a declaration of his or her rights. A declaratory judgment does not involve monetary damages, but rather is an assessment of a party's rights prior to a damage occurring. It differs from a conventional […]

  • Certification

    Certification in the United States A request to a higher court by a lower court for guidance on a legal question relating to a pending case. Request for certification in the federal courts can come from either the U.S. court of appeals or the U.S. district court. The U.S. court of claims may […]

  • Appellate Courts

    Appellate Courts in the United States The appeals courts differ from trial courts in several ways, but the principal difference is functional. Trial courts are designed to deal with questions of fact. A trial jury may determine, for example, that an accused has been factually proven guilty of […]

  • Appellate Courts

    Appellate Courts in the United States The appeals courts differ from trial courts in several ways, but the principal difference is functional. Trial courts are designed to deal with questions of fact. A trial jury may determine, for example, that an accused has been factually proven guilty of […]

  • Reversal

    Reversal in the United States The setting aside of a lower court judgment by an appellate court. A reversal changes the outcome of a case because of some error made in processing the case at a lower level. For example, a criminal conviction may be reversed because the jury became aware of some […]

  • Certiorari

    Certiorari in the United States A writ or order to a lower court, whose decision is being challenged, to send up the records of the case so a higher court can review the lower court’s decision. Certiorari means to be informed, and may be granted to the losing party by the Supreme Court. Until […]

  • Certiorari

    Certiorari in the United States A writ or order to a lower court, whose decision is being challenged, to send up the records of the case so a higher court can review the lower court’s decision. Certiorari means to be informed, and may be granted to the losing party by the Supreme Court. Until […]

  • Habeas Corpus

    Habeas Corpus in the United States A court order requiring the state to show cause for a person’s detention. Habeas corpus is a Latin term meaning you have the body. Habeas corpus was originally a procedure in English law designed to prevent governmental misconduct, especially the improper […]

  • Strict Construction

    Strict Construction in the United States An approach to constitutional or statutory interpretation that calls for a literal adherence to the law. The basic concept of strict construction is that courts should not engage in lawmaking through interpretation. Neither should they recognize […]

  • Remand

    Remand in the United States The sending of a case back to the original trial court after an appeal. The case is remanded when there are matters that require reconsideration under the terms of the appellate court decision. The term remand also applies to a prisoner who is sent back to detention […]

  • Petitioner

    Petitioner in the United States One who asks or petitions a court to commence a proceeding. At the trial level, it is the Petitioner who seeks some remedy from a court. His or her role is the functional equivalent to that of a plaintiff. One who opposes the Petitioner is called the respondent. […]

  • Petitioner

    Petitioner in the United States One who asks or petitions a court to commence a proceeding. At the trial level, it is the Petitioner who seeks some remedy from a court. His or her role is the functional equivalent to that of a plaintiff. One who opposes the Petitioner is called the respondent. […]

  • Interest Groups

    Interest Groups in the United States Interest Groups in Court Interest groups often involve themselves in litigation. An interest group becomes involved with courts because certain cases contain policy issues about which the groups have strong views. There are several ways interest groups […]