What is the Appeals Process?
Within the realm of the Appellate Court system within the United States of America, individuals who have been the recipients of sentencing with regard to individual court cases are allowed the opportunity to petition for a retrial of any or all cases in which they have received a judgment or decision about which they are dissatisfied.
Important Terminology with regard to the Appeals Process
Upon participating in an appeals process, individual applicants will typically encounter the following legal terminology; the understanding of this terminology is crucial in order to successfully complete the Appeals Process:
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
Pro Se: The term ‘Pro Se’, when used within the Appeals Process, signifies that an individual is requesting to represent themselves before a court of Appeals in lieu of legal counsel
Lower Court: Within the Appeals Process, a lower court is defined as the court that delivered the initial decision about which the applicant is appealing to be reconsidered through retrial
Higher Court: A higher court is considered to be a court that supersedes the lower court with regard to legal hierarchy; the petition sent within the Appeals Process is typically delivered to a higher court for review
Appellant: The appellant is the individual or entity engaging within the Appeals Process in order to gain the opportunity for a retrial
Appellate Court: An Appellate Court is a synonymous term used to classify a court of Appeals
Appellate Court Districts and Circuits
Upon engaging in an Appeals Process, an individual applicant will be required to submit their respective petition to the appropriate court; currently, there exist 11 districts with regard to appellate courts within the United States; each State belongs to an individual district responsible for hearing appeals.
Legal Defect and the Appeals Process
In order to file for approval with regard to the Appeals Process, an individual will be required to provide for evidence of legal defect with regard to an initial decision; this is defined as a valid dispute with regard to a preexisting ruling.
Legal Assistance with regard to the Appeals Process
Elements examined in the determination of the validity and legality of an Appeals hearing exist in conjunction with the satisfactory completion and fulfillment of the application with regard to the appeals process; individuals are encouraged to consult attorneys or legal firms well specializing in the appeals process, appellate court, and legal analysis.
