Appellate jurisdiction allows higher courts to review lower court decisions, usually based on errors in applying the law. Appellate courts do not reevaluate facts and may change or reverse decisions. Original jurisdiction refers to lower courts’ power to hear cases first. The appellate process begins after a lower court decision, with one party filing an appeal. Appellants argue the trial judge erred in applying the law, while appellees claim no mistake was made. Appellate courts generally do not reconsider cases, but some allow retrials. There is usually a hierarchy of courts with appellate jurisdiction.
Appellate jurisdiction refers to the power of a higher court to review a lower court’s decision in a case. Typically, an appellate court does not reevaluate matters of fact. Rather, most appellate courts simply review the lower court’s decision to determine whether the lower court erred in applying the law. Usually, courts of appellate jurisdiction have the power to change – or even reverse – the decision of a lower court in a particular case. Depending on the jurisdiction in which they are located, courts of appellate jurisdiction may be called appellate courts, superior courts, appellate courts or supreme courts.
The original jurisdiction and the appellate jurisdiction are two different concepts. In general, original jurisdiction is a term referring to the power of a lower court, such as a court or tribunal, to hear a case in the first place. Generally, the lower court must rule in a case before the case can be heard by a court of appellate jurisdiction.
The appellate process typically begins after a lower court formally makes a decision in a case. To start the process, one of the parties usually files an appeal for review by a court of appellate jurisdiction. The filing party is often referred to as the appellant, while the other party is often called the appellant or defendant.
On appeal, the appellant usually argues that the trial judge erred in applying the law or in carrying out the procedural aspects of the trial. For example, the plaintiff may argue that the lower court incorrectly instructed the jury on how to apply the law and that this had a significant impact on the outcome of the case. On the other hand, the appellant typically claims that the lower court did not make a mistake or that the mistake did not materially affect the outcome of the case.
Most appellate courts do not allow parties to reconsider a case. As a result, appellate jurisdiction courts generally do not perform duties such as hearing testimony or evaluating evidence. In some jurisdictions, however, some cases may be appealed for a retrial. For example, in England and Wales, a retrial is sometimes permitted in an appeal from a magistrate’s court in the Crown Court.
There is usually a hierarchy of courts with appellate court jurisdiction. For example, in the United States federal system, circuit courts usually have appellate jurisdiction over district courts, and the United States Supreme Court usually has jurisdiction over circuit courts. Typically, a case must first go to a district court before it can be heard by a district court. In turn, the Supreme Court usually hears appeals from a district court and not a district court.
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