USA Law

Tag: Appellate Process

  • Majority Opinion

    Majority Opinion in the United States A statement of the reasons an appellate court reached a particular decision. The opinion is the rationale for a finding or conclusion, and a majority opinion represents the thinking of at least a majority of the judges hearing the case. A court’s opinion […]

  • Obiter Dictum

    Obiter Dictum in the United States A statement contained in a court’s opinion that goes beyond what is necessary to dispose of the question. Obiter dictum (singular) or obiter dicta (plural), sometimes simply called dictum or dicta, are normally directed at issues upon which no formal […]

  • Dissenting Opinion

    Dissenting Opinion in the United States Statement from a member of a court disagreeing with the disposition of the case by the majority. A dissenting opinion is essentially a judicial minority report. A dissent may represent the views of a single judge or may be joined by additional judges. A […]

  • Concurring Opinion

    Concurring Opinion in the United States Statement from a member of an appellate court that reflects agreement on the outcome, but differences in rationale for that outcome. Concurring opinions may vary quite widely in the extent to which they depart from the majority opinion. In some […]

  • Vacate

    Vacate in the United States The setting aside of a court judgment. If a court judgment is vacated, it is rendered void. A judgment is often vacated on appeal. When this occurs, it is the functional equivalent of a reversal. A trial judge may also vacate a judgment, however, while a reversal is […]

  • Overrule

    Overrule in the United States To set aside or replace a holding from a previous decision. A decision can be overruled by the same court or a higher court in a case that raises the same question of law as the prior decision. When a court overrules a previous decision, it negates the value of…

  • Conference

    Conference in the United States A group meeting of all nine justices of the U.S. Supreme Court. The conference is the place where important Court business is conducted and is used at a number of stages in the decision process. The conference is used to consider appeals, writs of certiorari, […]

  • Affirm

    Affirm in the United States Decision by an appellate court that the judgment of a court below is correct. When an appeals court affirms a lower court, it declares that the lower court handled the case properly, that its judgment was reasonable, and that its decision will stand. Affirming a […]

  • Screening Criteria

    Screening Criteria in the United States The bases upon which appeals courts decide which cases to review. Screening criteria are most critical for those appellate courts with discretionary jurisdiction, but screening is important for courts having mandatory review as well. In the latter […]

  • Per Curiam Opinion

    Per Curiam Opinion in the United States An unsigned opinion of a court. Per curiam opinions are used to briefly summarize a ruling without extensively developing the court’s reasoning. The term is Latin and translates by the court. See also Concurring Opinion (Apellate Judicial Process) […]

  • Interpretive Approaches

    Interpretive Approaches in the United States The ways in which appellate courts go about determining the meaning of constitutional or statutory provisions. A number of factors influence the actual decision, but in each case the courts tend to apply one or more interpretative approaches. One […]

  • Mandatory Jurisdiction

    Mandatory Jurisdiction in the United States Appellate authority that must be exercised in every case. Mandatory Jurisdiction at the appellate level is typically located in those courts that handle the first round of appeals. Intermediate appellate courts such as the United States court of […]

  • Group Processes

    Group Processes in the United States Methods of decision making used by multi-judge appellate courts. Unlike trial courts, appeals courts act in groups. This influences not only the decision, but the way in which those decisions are made. Intermediate appeals courts typically act in groups or […]

  • Discretionary Jurisdiction

    Discretionary Jurisdiction in the United States Power of appellate courts that permits them to decide which cases they will review. Discretionary jurisdiction is the opposite of Mandatory Jurisdiction (Apellate Judicial Process). Appellate courts beyond the first level, most commonly courts of […]

  • Collateral Attack

    Collateral Attack in the United States A challenge to a court decision in a special proceeding. Collateral attack is like an appeal, but it occurs in an auxiliary or secondary proceeding. The most common challenge to a judgment occurs directly. An appeal or a petition for a new trial is a […]