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Appellate Courts
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on wheth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia (6769096715)
The High Court of Australia is the Supreme court, apex court of the Australian legal system. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the Judiciary Act 1903, ''Judiciary Act 1903'' (Cth). Its authority Chapter III court, derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judiciary, judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a Chief Justice of Australia, chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the Governor-General of Australia, governor-general on the formal Advice (constitutional law), advice of the Attorney-General of Australia, attorney-general following the approv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tennessee Court Of Criminal Appeals
The Court of Criminal Appeals is one of Tennessee's two intermediate appellate courts. It hears trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. Appeals in civil cases are heard by the Tennessee Court of Appeals. The Court of Criminal Appeals was established by the Tennessee General Assembly in 1967. At that time, the court had nine members. Its membership was increased from nine to twelve on September 1, 1996, as a result of action by the General Assembly. Proceedings The court's judges sit monthly in panels of three in Jackson, Knoxville and Nashville. The court may meet in other locations as necessary. As an appellate court, there are no juries and the court does not hear testimony from witnesses. Rather, attorneys present oral and written arguments for the court's consideration. Decisions of the Court of Criminal Appeals decisions may be appealed to the Tennessee Supreme Court by permission. All decisions in capital cas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oklahoma Court Of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government.Okla Const. art. VII, § 4 (accessed May 23, 2013) As of 2011, the court meets in the Oklahoma Judicial Center, having previously met in the Oklahoma State Capitol.Hoberock, Barbara [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alabama Court Of Criminal Appeals
The Alabama Court of Criminal Appeals is one of two appellate courts in the Alabama judicial system. The court was established in 1969 when what had been one unitary state Court of Appeals was broken into a criminal appeals court and a civil appeals court. The unitary Court of Appeals had been operative since 1911. The Court of Criminal Appeals is the linear descendant of the unitary Court of Appeals as its predecessor judges were automatically assigned to the Court of Criminal Appeals in 1969. At that time the court only had three judges, but that was changed to five in 1971. The court is housed in the Heflin-Torbert Judicial Building in downtown Montgomery, Alabama Montgomery is the List of capitals in the United States, capital city of the U.S. state of Alabama. Named for Continental Army major general Richard Montgomery, it stands beside the Alabama River on the Gulf Coastal Plain. The population was 2 .... The court is composed of five judges elected in partisan el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Criminal Appeal (Ireland)
The Court of Criminal Appeal () was an appellate court for criminal cases in the law of the Republic of Ireland. It existed from 1924 until 2014, when it was superseded by the Court of Appeal, which can hear appeals for all types of case. Operation The Court of Criminal Appeal heard appeals for indictable offences tried in the Circuit Court, the Central Criminal Court, and the Special Criminal Court. The Court sat in a division of three, with one Supreme Court judge and two High Court judges. The court could hear appeals by a defendant against conviction, sentence or both. Leave to appeal was only given where there was a disagreement on a point of law, although an exception can be made when new evidence becomes available which could not have been presented before the original court. The Director of Public Prosecutions could also appeal against a sentence on the grounds that it was unduly lenient. A further appeal to the Supreme Court only lay when the Court of Crimina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Criminal Appeal (England And Wales)
The Court of Criminal Appeal was an England, English appellate court for criminal law, criminal cases established by the (7 Edw. 7. c. 23). It superseded the Court for Crown Cases Reserved to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judges and the Home Office against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji led to the concession of a new court that could hear matters of law, fact or mixed law and fact. Though the court was staffed with the judges who had shown such hostility (consisting of the Lord Chief Justice and eight judges of the Queen's Bench Division of the High Court), it had a restraining effect on the excesses of prosecutors. During the period 1909–1912, there was an average of 450 annual applications for leave to appeal of which an average of 170 were grant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oklahoma
Oklahoma ( ; Choctaw language, Choctaw: , ) is a landlocked U.S. state, state in the South Central United States, South Central region of the United States. It borders Texas to the south and west, Kansas to the north, Missouri to the northeast, Arkansas to the east, New Mexico to the west, and Colorado to the northwest. Partially in the western extreme of the Upland South, it is the List of U.S. states and territories by area, 20th-most extensive and the List of U.S. states and territories by population, 28th-most populous of the 50 United States. Its residents are known as Oklahomans and its capital and largest city is Oklahoma City. The state's name is derived from the Choctaw language, Choctaw words , 'people' and , which translates as 'red'. Oklahoma is also known informally by its List of U.S. state and territory nicknames, nickname, "The Sooner State", in reference to the Sooners, American pioneer, American settlers who staked their claims in formerly American Indian-o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Federal Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855. The courthouse of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Madison Place across from the White House) in Washington, D.C., but, for convenience, cases may be heard elsewhere in the country. History Court of Claims (1855–1982) The court traces its origins directly back to 1855, when Congress established the United States Court of Claims to provide for the determination of private claims against the United States government. The legislation was signed into law on February 24, 1855, by President Franklin Pierce. Throughout its 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over any criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, D.C. The Federal Circuit was created in 1982 with enactment of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Texas Court Of Criminal Appeals
The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a presiding judge and eight judges. Article V of the Texas Constitution vests the judicial power of the state and describes the Court's jurisdiction and sets rules for judicial eligibility, elections, and vacancies. Jurisdiction In Texas, the Court of Criminal Appeals has final jurisdiction over all criminal matters (excluding juvenile proceedings, which are considered civil matters), while the Texas Supreme Court is the last word on all civil matters. The Court of Criminal Appeals exercises discretionary review over criminal cases, which means that it may choose whether or not to review a case. The only cases that the Court must hear are those involving the sentencing of capital punishment or the denial of bail. Court composition The Court is composed of a presiding judge an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial De Novo
In law, the expression trial ''de novo'' means a "new trial" by a different tribunal (''de novo'' is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial ''de novo'' is usually ordered by an appellate court when the original trial failed to decide in a manner dictated by law. Common law In common law systems, one feature that distinguishes a trial ''de novo'' from an appellate proceeding is that new evidence may not ordinarily be presented in an appeal (though there are rare instances when it may be allowed—usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court). The general rule, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often order a trial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
