Appellate jurisdiction in the context of Evidence (law)


Appellate jurisdiction in the context of Evidence (law)

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⭐ Core Definition: Appellate jurisdiction

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. An appellate court other than a supreme court is sometimes referred to as an 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.

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Appellate jurisdiction in the context of Original jurisdiction

In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.

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Appellate jurisdiction in the context of High Court of Australia

The High Court of Australia is the apex court of the Australian legal system. It exercises 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 (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the High Court of Australia Act 1979 (Cth).

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Appellate jurisdiction in the context of Supreme Court of the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party". In 1803, the court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.

Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. The court consists of nine justices—the chief justice of the United States and eight associate justices—who meet at the Supreme Court Building in Washington, D.C. Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice.

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Appellate jurisdiction in the context of Supreme Court of Victoria

The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state.

The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000.

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Appellate jurisdiction in the context of Supreme Court of India

The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the chief justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions.

As the apex constitutional court, it takes up appeals primarily against verdicts of the High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the president of India. Under judicial review, the court invalidates both ordinary laws as well as constitutional amendments as per the basic structure doctrine that it developed in the 1960s and 1970s.

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Appellate jurisdiction in the context of Supreme People's Court

The Supreme People's Court of the People's Republic of China (SPC) is the highest court of the People's Republic of China. It hears appeals of cases from the high people's courts and is the trial court for cases about matters of national importance.

The Supreme People's Court was established in October 1949, and its functions were first outlined in 1954. During the Cultural Revolution, the court was occupied by the People's Liberation Army from 1968 to 1973. During the period of reform and opening up, the court began to focus on legal issues.

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Appellate jurisdiction in the context of Israeli Supreme Court

The Supreme Court of Israel (Hebrew: בֵּית הַמִּשְׁפָּט הָעֶלְיוֹן, romanizedBe(i)t HaMishpat HaElyon, Hebrew acronym Bagatz; Arabic: المحكمة العليا, romanizedal-Maḥkama al-‘Ulyā) is the highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction.

The Supreme Court consists of 15 judges appointed by the President of Israel, upon nomination by the Judicial Selection Committee. Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office. The Court is situated in Jerusalem's Givat Ram governmental campus, about half a kilometer from Israel's legislature, the Knesset. By the principle of binding precedent (stare decisis), Supreme Court rulings are binding upon every other court, except itself. Over the years, it has ruled on numerous sensitive issues, some of which relate to the Israeli–Palestinian conflict, the rights of Arab citizens, and discrimination between Jewish groups in Israel.

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Appellate jurisdiction in the context of Declaratory Act 1719

The Dependency of Ireland on Great Britain Act 1719 (6 Geo. 1. c. 5) was an act passed by the Parliament of Great Britain which declared that it had the right to pass laws for the Kingdom of Ireland, and that the British House of Lords had appellate jurisdiction for Irish court cases. It became known as the Declaratory Act, and opponents in the Irish Patriot Party referred to it as the Sixth of George I (from the regnal year it was passed). Legal and political historians have also called it the Dependency of Ireland on Great Britain Act 1719 or the Irish Parliament Act 1719. Prompted by a routine Irish lawsuit, it was aimed at resolving the long-running dispute between the British and the Irish House of Lords as to which was the final court of appeal from the Irish Courts. Along with Poynings' Law, the Declaratory Act became a symbol of the subservience of the Parliament of Ireland, and its repeal was long an aim of Irish statesmen, which was finally achieved for Anglican Irish as part of the Constitution of 1782.

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Appellate jurisdiction in the context of Supreme Court of Pakistan

The Supreme Court of Pakistan (abbr. SCP; Urdu: عدالتِ عظمیٰ پاکستان, romanized'Adālat-e-'Uzmā Pākistān) is the supreme judicial authority and the apex court of the Islamic Republic of Pakistan.

Established in accordance with Part VII of the Constitution of Pakistan, it has ultimate and extensive appellate, original, and advisory jurisdictions on all courts (including the high courts, district, special and Shariat court), involving issues of laws and may act on the verdicts rendered on the cases in context in which it enjoys jurisdiction. In the court system of Pakistan, the Supreme Court is the final arbiter of legal disputes and was the final interpreter of constitutional law until the Twenty-seventh Amendment created the Federal Constitutional Court of Pakistan, and the highest court of appeal in Pakistan.

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Appellate jurisdiction in the context of United States circuit court

The United States circuit courts were the intermediate level courts of the United States federal court system from 1789 until 1912. They were established by the Judiciary Act of 1789, and had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate jurisdiction over the United States district courts. The Judiciary Act of 1891 (26 Stat. 826, also known as the Evarts Act) transferred their appellate jurisdiction to the newly created United States circuit courts of appeals, which are now known as the United States courts of appeals. On January 1, 1912, the effective date of the Judicial Code of 1911, the circuit courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. district courts.

During the 100 years that the Justices of the U.S. Supreme Court "rode circuit", many justices complained about the effort required. Riding circuit took a great deal of time (about half of the year) and was both physically demanding and dangerous. However, "members of Congress held firm to the belief that circuit riding benefited the justices and the populace, and they turned a deaf ear to the corps of justices that desired to abolish the practice."

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Appellate jurisdiction in the context of United States Court of Appeals for the First Circuit

The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:

The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, where the court usually sits for one week most months of the year; in one of July or August, it takes a summer break and does not sit. The First Circuit also sits for one week each March and November at the Jose V. Toledo Federal Building and United States Courthouse in Old San Juan, Puerto Rico, and occasionally sits at other locations within the circuit.

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Appellate jurisdiction in the context of Supreme Court of Spain

The Supreme Court (Spanish: Tribunal Supremo, TS) is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the banning of political parties. It also has ultimate appellate jurisdiction over all cases. The Court also has the power of judicial review, except for constitutional matters, reserved to the Constitutional Court.

The Court was originally established pursuant to Title V of the Constitution of 1812 to replace the System of Councils in all matters that affected justice, and it is currently regulated by Title VI of the Constitution of 1978. As set in the Judiciary Organic Act of 1985, the Court consists of the President of the Supreme Court (who also chairs the General Council of the Judiciary), the Vice President, the Chairpersons of the Court's Chambers and an undetermined number of Magistrates (79 as of 2025). Each Magistrate of the Supreme Court is nominated by the General Council of the Judiciary and appointed by the Monarch for a lifetime tenure up to the age of 70, when they must retire (unless they request a 2-year extension).

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Appellate jurisdiction in the context of Court of Appeal (Ireland)

The Court of Appeal (Irish: An Chúirt Achomhairc) is a court in Ireland that sits between the High Court and Supreme Court. Its jurisdiction derives from Article 34.4. It was established in 2014, taking over the existing appellate jurisdiction of the Supreme Court in 2014 and replacing the Court of Criminal Appeal and the Courts-Martial Appeal Court (subject to transitional provisions). Appeals to the Supreme Court are at that Court's discretion.

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Appellate jurisdiction in the context of Supreme Court of Israel

The Supreme Court of Israel (Hebrew: בֵּית הַמִּשְׁפָּט הָעֶלְיוֹן, romanizedBe(i)t HaMishpat HaElyon, Hebrew acronym Bagatz; Arabic: المحكمة العليا, romanizedal-Maḥkama al-‘Ulyā) is the highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction.

The Supreme Court consists of 15 judges appointed by the president of Israel, upon nomination by the Judicial Selection Committee. Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office. The Court is situated in Jerusalem's Givat Ram governmental campus, about half a kilometer from Israel's legislature, the Knesset. By the principle of binding precedent (stare decisis), Supreme Court rulings are binding upon every other court, except itself. Over the years, it has ruled on numerous sensitive issues, some of which relate to the Israeli–Palestinian conflict, the rights of Arab citizens, and discrimination between Jewish groups in Israel.

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Appellate jurisdiction in the context of List of High Courts of India

The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of peculiar or territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated, especially by the constitution, a state law or union law.

The work of most high courts primarily consists of adjudicating on appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the Constitution. Writ jurisdiction is also the original jurisdiction of a high court.

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