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"Appellate review" is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts. It is distinguished from judicial review , which refers to the court's overriding constitutional or statutory right to determine if a legislative act or administrative decision is defective for ...
An exception exists when this situation arises in one of the now-rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel ...
A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at ...
An appellate court has ordered the release of a Missouri woman whose murder conviction was overturned after she served 43 years in prison, but the state attorney general is still trying to keep ...
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [2]
The United States courts of appeals, or Federal Circuit Courts or U.S. Circuit Courts of Appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies , and their decisions can be appealed to the Supreme Court of the ...
The Supreme Court of the United States delineated the test for the availability of interlocutory appeals, called the collateral order doctrine, for United States federal courts in the case of Lauro Lines s.r.l. v. Chasser, [2] holding that under the relevant statute (28 U.S.C. § 1291) such an appeal would be permitted only if:
The same process is required under the laws of many, if not all, states. Exhaustion of remedies frequently affects cases of habeas corpus. Federal law, for example, prevents a petitioner from seeking federal relief where the state claims have not yet been exhausted.
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