appellate


appellate
Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications. The term has a general meaning, and it has a specific meaning indicating the distinction between original jurisdiction and appellate jurisdiction. Woodruff v. Bell, 143 Kan. 110, 53 P.2d 498, 499
@ appellate court
A court having jurisdiction of appeal and review; a court to which causes are removable by appeal, certiorari, error or report. A reviewing court, and, except in special cases where original jurisdiction is conferred, not a "trial court" or court of first instance.
@ appellate division
An intermediate appellate court for hearing civil appeals.
See e.g., Mass.G.L. c. 231, No. 108.
Also, in Mass., a three judge panel to consider appeals of sentences for felonies. Mass.G.L. c. 278, No.No. 28A, 28B.
In New York, an intermediate appellate court which also has the power to make rules and regulations governing the administration of the courts. Seidenberg v. County Court of Rockland County, 34 N.Y.2d 499, 358 N.Y.S.2d 416, 315 N.E.2d 475.
See N.Y.Judiciary Law, Article 4, No. 70-109.
In New Jersey, most civil appeals are to the Appellate Division of the Superior Court
@ appellate jurisdiction
The power vested in an appellate court to review and revise the judicial action of an inferior court, evidenced by an appealable order or an appealable judgment rendered by such court. Trengen v. Mongeon, N.D., 200 N.W.2d 50, 53.
The power and authority to take cognizance of a cause and proceed to its determination, not in its initial stages (i.e. original jurisdiction) but only after it has been finally decided by an inferior court, i.e., the power of review and determination on appeal, writ of error, certiorari, or other similar process.
Jurisdiction on appeal; jurisdiction to revise or correct the proceedings in a cause already instituted and acted upon by an inferior court, or by a tribunal having the attributes of a court. Limits of appellate jurisdiction are governed by statutes (e.g. 28 U.S.C.A. No. 1291 et seq.) or constitutions
@ appellate review
Examination of lower court proceeding by an appellate court brought about by appeal, bill of exceptions, report or certiorari. Such may also embrace review of administrative board's decision by an inferior court; e.g. review by federal district court of social security administration decision
@ appellate rules
Rules governing procedure in taking appeals and in practicing before appellate courts; e.g. Federal Rules of Appellate Procedure; Massachusetts Rules of Appellate Procedure.
@

Black's law dictionary. . 1990.

Look at other dictionaries:

  • appellate — ap·pel·late /ə pe lət/ adj: of or relating to appeals or the power to hear appeals the appellate process an appellate court Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • appellate — UK US /əˈpelɪt/ adjective [before noun] ► LAW relating to the appeals process (= the process of changing earlier court decisions): »The judge s decision is being reviewed by an appellate court. »an appellate judge/lawyer »an appellate… …   Financial and business terms

  • Appellate — Ap*pel late, a. [L. appelatus, p. p. of appellare.] Pertaining to, or taking cognizance of, appeals. Appellate jurisdiction. Blackstone. Appellate judges. Burke. [1913 Webster] {Appelate court}, a court having cognizance of appeals. [1913… …   The Collaborative International Dictionary of English

  • appellate — (adj.) pertaining to appeals, 1726, from L. appellatus, pp. of appellare (see APPEAL (Cf. appeal)). Appellate jurisdiction is in Blackstone (1768) …   Etymology dictionary

  • appellate — [ə pel′it] adj. [L appellatus, pp. of appellare, APPEAL] Law relating to or having jurisdiction to review appeals [an appellate court] …   English World dictionary

  • Appellate — Ap*pel late, n. A person or prosecuted for a crime. [Obs.] See {Appellee}. [1913 Webster] …   The Collaborative International Dictionary of English

  • appellate — Pertaining to the taking of an appeal, as appellate court, appellate procedure; of a higher jurisdiction. In its broadest sense the word denotes nothing more than the power of one tribunal to review the proceedings of another, either as to law or …   Ballentine's law dictionary

  • appellate — adjective Etymology: Latin appellatus, past participle of appellare Date: 1768 of, relating to, or recognizing appeals; specifically having the power to review the judgment of another tribunal < an appellate court > …   New Collegiate Dictionary

  • appellate — adjective /əˈpɛlət/ Describing something that is appealed to, particularly an appellate court that hears appeals of decisions by a lower court …   Wiktionary

  • appellate — adj. Appellate is used with these nouns: ↑judge, ↑jurisdiction, ↑lawyer …   Collocations dictionary


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