We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is an Appellate Jurisdiction?

By Charity Delich
Updated: Feb 24, 2024
Views: 24,609
Share

Appellate jurisdiction refers to the power of a higher court to review a lower court’s decision in a case. Generally, an appeals court does not re-evaluate issues of fact. Rather, most appellate courts simply review the lower court’s decision to determine whether the lower court made any errors in applying the law. Usually, courts of appellate jurisdiction have the power to modify - or even reverse - a lower court’s decision in a particular case. Depending on the jurisdiction in which they are located, courts of appellate jurisdiction may be called courts of appeal, superior courts, appellate courts, or supreme courts.

Original jurisdiction and appellate jurisdiction are two different concepts. By and large, original jurisdiction is a term that refers to the power of a lower court, such as a trial court or a magistrate's court, to hear a case in the first place. In general, the lower court must render a decision 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 issues a decision in a case. To start the process, one of the parties usually submits an appeal for review by a court of appellate jurisdiction. The submitting party is frequently referred to as the appellant while the other party is often called the appellee or respondent.

On appeal, the appellant usually argues that the lower court erred in applying the law or in conducting procedural aspects of the trial. For example, the appellant may claim that the lower court incorrectly instructed the jury on how to apply the law and that this materially impacted the outcome of the case. On the other hand, the appellee typically claims that the lower court did not commit an error or that the error did not materially affect the case’s outcome.

Most appellate courts do not allow parties to re-try a case. As a result, courts of appellate jurisdiction generally do not perform tasks like listening to witness testimony or evaluating evidence. In some jurisdictions, however, certain cases may be appealed for re-trial. For example, in England and Wales, re-trial is sometimes allowed in an appeal from a magistrate’s court to the Crown Court.

A hierarchy of courts ordinarily exists with appellate court jurisdiction. For example, in the United States federal system, circuit courts generally have appellate jurisdiction over district courts, and the United States Supreme Court usually has jurisdiction over the circuit courts. Typically, a case must first be submitted to a district court before it can be reviewed by a circuit court. In turn, the Supreme Court customarily reviews appeals from a circuit court and not from a district court.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Editors' Picks

Discussion Comments
By Logicfest — On Feb 24, 2014

It is true that an appellate court will not retry a case. However, one can remand a case back to the lower court from which it came for a new trial. This remedy is rare. Heck, winning on appeal is quite rare if the case was originally heard by a competent judge. And even incompetent judges tend to get competent in a hurry -- they don't want to see a lot of their cases get overturned on appeal as that looks horrible come election time.

Share
https://www.wise-geek.com/what-is-an-appellate-jurisdiction.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.