Appellate Jurisdiction in the United States

The power of a court to review decisions of lower courts. Appellate jurisdiction empowers a superior court to affirm, set aside, or modify a lower court decision. Appellate jurisdiction is conveyed through constitutional or statutory mandate. Federal appellate jurisdiction is granted by Article III of the U.S. Constitution, which states that the Supreme Court possesses such jurisdiction “both as to law and fact, with such exceptions and under such regulations as the Congress shall make.” Parallel provisions exist regarding appellate jurisdiction in state judicial systems. Appellate jurisdiction is generally assigned to the courts on two levels. One is an intermediate appellate court that handles the initial appeal. The second level is a superior or supreme court. The United States Court of Appeals is the intermediate appellate court in the federal system, while the United States Supreme Court (U.S. Supreme Court) is the appellate level superior to that. Appellate jurisdiction is distinguished from original jurisdiction. The latter refers to trial courts with authority to hear cases in the first instance.

Analysis and Relevance

The exercise of appellate jurisdiction is undertaken for two basic reasons. First, it allows the process to correct errors that may have occurred at lower levels. Second, it permits appeals courts to interpret constitutions and statutes and set forth the principles by which the law is to be applied. This function clarifies the law and fosters consistent application. An appeals court has several options in reviewing a decision of a lower court. It may affirm, which means the lower court result is correct and must stand. It may modify the lower court by retaining portions of the decision while changing others. The appellate courts may also reverse or vacate, which is to set aside the lower court decision. Lower court judgments that are vacated are typically returned or remanded to the court from which they came for further action. Exercise of appellate jurisdiction may be mandatory or discretionary. Where mandated, an appellate court has no option but to review the case. The intermediate appeals courts have mandatory review. Other appeals occur at the discretion of the appellate court. Where review is discretionary, an appeals court may reject application for review. The writ of certiorari is a discretionary avenue of access to the United States Supreme Court (U.S.), for example. [1]

Appellate Jurisdiction Definition

In practice. The jurisdiction which a superior court has to rehear causes which have been tried in inferior courts. See “Jurisdiction.” [2]

Appellate Jurisdiction

United States Constitution

According to theEncyclopedia of the American Constitution, a court’s appellate jurisdiction is its power to review the actions of another body, usually a lower court. The appellate jurisdiction of our federal courts lies within the control of Congress.

Concept of Appellate Jurisdiction

In the U.S., in the context of Judiciary power and branch, Appellate Jurisdiction has the following meaning: A court’s jurisdiction is its authority to hear and decide cases. A court’s appellate jurisdiction (if it has such authority) encompasses cases previously heard and decided by other lower courts. Hence appellate jurisdiction entails the power of a court, board, or commission to review, uphold, or overturn decisions made by other authorities. Generally, appellate review is of the lower court’s findings of law, not the facts of the case. (Source of this definition of Appellate Jurisdiction : University of Texas)

Appellate Jurisdiction

Meaning of Appellate Jurisdiction

In plain or simple terms, Appellate Jurisdiction means: The appellate court has the right to review and revise the lower court decision.

Appellate Appeals

This section introduces, discusses and describes the basics of appellate jurisdiction. Then, cross references and a brief overview about Appeals is provided. Finally, the subject of Civil Procedure in relation with appellate jurisdiction is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Appellate Jurisdiction and Practice

In relation to federal court procedure and federal litigation, this area covers the following topics:

Appellate Jurisdiction in the Federal System

Find out more about Appellate Jurisdiction in the Federal System in this context in this American legal encyclopedia.

Final Judgments

Find out more about Final Judgments in this context in this American legal encyclopedia.

Interlocutory Orders

Find out more about Interlocutory Orders in this context in this American legal encyclopedia.

Extraordinary Writs

Find out more about Extraordinary Writs in this context in this American legal encyclopedia.

Reviewability of Issues

Find out more about Reviewability of Issues in this context in this American legal encyclopedia.

Standards of Review

Find out more about Standards of Review in this context in this American legal encyclopedia.

Complex Appeals

Find out more about Complex Appeals in this context in this American legal encyclopedia.

Practice in the Federal Circuit

Find out more about Practice in the Federal Circuit in this context in this American legal encyclopedia.

Resources

Notes and References

1. Definition of Appellate Jurisdiction from the American Law Dictionary, 1991, California.
2. This definition of Appellate Jurisdiction is based on the The Cyclopedic Law Dictionary .

See Also

• Judiciary Power
• Judiciary Branch
• Intermediate Appellate Court (Judicial Organization)
• Original Jurisdiction (Judicial Organization)
• United States Supreme Court (Judicial Organization) (Judicial Organization)
• United States Court of Appeals (Judicial Organization).

Further Reading

• Charles Alan Wright, Arthur R. Miller & Andrew D. Leipold, Federal Practice & Procedure (Thomson West)
• Robert C. Casad & William B. Richman, Jurisdiction in Civil Actions: Territorial Basis and Process Limitations on Jurisdiction of State and Federal Courts (Lexis Law)
• James Wm. Moore & Daniel R. Coquillette, Moore’s Federal Practice (Matthew Bender, 2017)
• Gregory A. Castanias & Robert H. Klonoff, Federal Appellate Practice and Procedure in a Nutshell (Thomson West)
• Erwin Chemerinsky, Federal Jurisdiction (Aspen Publishers)
• Robert M. Cover, Owen M. Fiss & Judith Resnik, The Federal Procedural System: A Rule and Statutory Source Book (Foundation Press)
• Richard H. Fallon, Jr., Daniel J. Meltzer & David L. Shapiro, Hart and Wechsler’s The Federal Courts and the Federal System (Foundation Press)
• Daniel J. Meador, Thomas E. Baker & Joan E. Steinman, Appellate Courts: Structures, Functions, Processes, and Personnel (LexisNexis)