The Guide to Court Appeals
What is an Appeal?
An appeal is a legal instrument or procedure that allows citizens to request a secondary hearing or supplementary judicial review from a higher court subsequent to the receipt of an initial ruling from a lower court. Within the legal spectrum of an appeal hearing, a ‘lower court’ is classified as a court that is considered to be lower with regard to jurisdictional hierarchy, such as a local or state court.
A ‘higher court’ is classified as a court that is considered to be higher in its respective jurisdictional hierarchy, such as a Circuit court, Superior court, or Supreme Court. Depending on the locale in which the process of an appeal takes place, many factors exist within the actuality of an appellate hearing taking place.
Associated Terminology with an Appeal Process
The following terminology is commonly associated with Appeal:
Appellate Court: An appellate court is a court with the jurisdictional authority to retry, review, or reexamine specific cases that have received rulings from lower courts; in order for a case for an appeal to be brought before an appellate court, that appellate court will perform judicial review with regard to the preexisting ruling
Judicial Review: This process is undertaken by a wide variety of jurisdictions and courts in the event there exist a valid dispute with regard to a preexisting ruling; judicial review with regard to an appeal typically consists of court justices reviewing the case details and prior judgments in order to examine the accuracy of legality latent within a ruling
Petition of Appeal: An appeal petition must be completed by individuals interested in bringing their case before an appellate court in order to gain a new hearing; upon the receipt of an appeal petition, the appropriate court will perform judicial review with regard to the case
Rule of Four: The rule of four is a legal process undertaken by the Supreme Court of the United States with regard to an appeal petition; this rule states that at least 4 of the 9 presiding Supreme Court Justices must collectively agree in the necessity of an appeal hearing before the Supreme Court – this methodology involves judicial review in order to deem specific cases to be valid to undergo an appeal
Legal Assistance for an Appeal Hearing
The procedures and legislation implicit in the process of Appeals with regard to issues involving Appellate Law – and secondary review - can fluctuate on an individual, case-by-case basis. Elements examined in the determination of the validity and legality of anAppeals hearing exist in conjunction with preexisting factors, which include the nature of the law in question, pertinent case details with regard to past adjustments, and the examination of the procedures undertaken by a specific lower court or original jurisdiction.
In the event that an individual experiences difficulties navigating around thestipulations set forth in a legal matter that exists under the jurisdiction of Appeals legality, they are encouraged to consult with an attorney specializing in the field of Appellate Law and the Appeals process.