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The Guide to Filing an Appeal in Court

The Guide to Filing an Appeal in Court

What is an Appeal in Court?
Anappeal in court is a judicial process that requires an underlying court system to re-evaluate a previous decision rendered by a lower court system. When a decision, rendered by a judge or jury, is regarded as unfavorable, the United States Constitution allows an individual the right to engage in an appeal in court. This right enables the individual, who was previously found guilty of committing a crime, to have their case re-evaluated in hopes of overturning the previous decision.
Anappeal in court does not re-evaluate the evidence or testimonials that were available in the previous decision, but instead, inspects the process revolving around the decision; if an error was made in regards to the judicial process, theappeal in court will effectively over-turn the prior decision.As a result of this re-evaluation process, the appeal in court will effectively eliminate the case and terminate any punishments attached to the previous charge. 
The majority of jurisdictions in the United States possess a regional court of appeal as well as a national appeal system. The classification system of the appeal in court is critical to comprehend, for many jurisdictions and the general matters which revolve around the case will yield a distinct process for the appeal in court. For example, in the United States of America, a common jurisdiction will have a state court of appeals, which is responsible for reviewing cases made in the state’s lower court system.
A federal appeal court, in contrast, will handle cases heard in the lower federal court systems. The federal courts act as intermediaries between trial courts and the highest judicial systems in the land. The court of appeal thus must decide the availability of the appeal on the merits of the request; as a result of this qualification process, the highest court in the system may decline to review the case.
How to file an Appeal in court:
When a decision is regarded as unfavorable, you possess the right to initiate an appeal in court. The higher court, the judicial system that is responsible for re-evaluating the judicial process, will review the judicial arrangement surrounding your previous case; this review process intends to evaluate whether an error was made when rendering your particular decision. If the appellate court finds an error in the judicial process, the previous decision may be reversed.
An appeal in court is initiated, not by a re-evaluation of evidence or witness testimonials, but through the delivery of written statements initiated by your legal professionals. In the United States, there are a number of appellate courts, including various state and federal appeal courts; the rules for each appeal in court will thus vary by the underlying court system. The appeal in court, thus reviews the process revolving around your previous trial and whether that process was instituted in alignment with the United States’ affirmed and equal judicial process.
As a result of the different rules surrounding anappeal in court, to initiate the process, you must first speak to someone in the court clerk’s office to determine which judicial system you should file your appeal in court. 
Once you have decided which court will overhear your appeal in court, you must review the applicable rules and time frame of the respective court system in which you are filing your appeal in court. These rules will also document and elucidate on how to start the appeal, the coordinating fees and the necessary documents to initiate your appeal in court. 
Once this information has been reviewed, you must file the required documents (Notice of Appeal) and associated fees with the respective court of appeal. When this information is submitted, the respective appellate court will record and subsequently review the documents, including those documents evaluated in the original trial case. 
The next step of aappeal in court requires you to submit your written briefs, which will contain all of your legal arguments. Each appellate court contains detailed rules regarding briefs, including word limitations, margin requirements and legal citation formats. If given the opportunity, you must present your arguments in an oral fashion. Upon the delivery of this information, the appeal in court will be reviewed–by the respective appellate court–to subsequently deliver a written decision.  

Facts About an Appeals Court

Facts About an Appeals Court

What is an Appeals Court?
An appeals court is any judicial system that is empowered by a governing body to hear an appeal of a previous decision delivered by a trial court or a lower tribunal. In the majority of jurisdictions throughout the United States and Great Britain, the appeals court system is divided into at least three classifications: the trial court, which is responsible for hearing cases and reviewing evidence and subsequent testimonies to determine the irrefutable facts of the particular case; an intermediate appeals court; and lastly the supreme court, or court of last resort, which establishes a primary review process to review the decision handed-down by the intermediate appeals court.
As a result of this classification system, a supreme court is viewed as a kind of appeals court. That being said, appeals courts, will operate through a particular set of operational rules established by the underlying government body.
Institutional Rules of an Appeals Court:
The majority of jurisdictions in the United States title their appeals courts the court of appeals or a court of appeals. Through a historic measure, other jurisdictions in the United States have labeled their court of appeals as a court of errors, based on the premise that the system was created to correct the errors made by the lower court systems. 
Depending on the particular system, certain courts may dually serve as both a trial court and an appeal court, to effectively hear the appeals of previous decisions made by court systems with a limited jurisdiction. Furthermore, some jurisdictions in the United States possess specialized courts (for example the Texas Court of Criminal Appeals), which will only hear appeals rose in particular case matters, such as criminal cases.
Another example of these specialized systems is the United States Court of Appeals for the Federal Circuit, which possesses a general jurisdiction but derives the majority of its caseload from patent cases and handles the appeals of the Court of Federal Claims. 
Review Powers of an Appeals Court:
The appeals court possesses the authority to review the varying decisions of lower courts over a number of jurisdictions. In some jurisdictions, the appeals court may have limited authority in regards to reviewing capabilities; for example, in the United States, both the state and federal appeal system typically are restricted in regards to examining whether the below court made the accurate legal determination.
Additionally, the US appeals courts are typically restricted to reviewing and hearing appeals based on legal matters that were originally brought before the trial court. As a result of this characteristic, the appeals court will not consider and appealing party’s argument if it is based on a theory that is brought-about for the first time in the appeals court. 
In the majority of U.S. states and in the federal court system, parties are allowed one appeal as a right granted by the United States Constitution. This right enables a party who is unsatisfied with the outcome of a trial the ability to make an appeal to contest that outcome. That being said, the appeals process is costly and the respect appeals court must find an egregious error on the part of the working court of low to overturn the original verdict. With this in mind, only a small percentage of trial court decisions will result in an overturn or an appeal. 

A Profile of the Second Circuit Court of Appeals

A Profile of the Second Circuit Court of AppealsWhat is a Circuit Court of Appeals?

The entirety of the 50 states is apportioned to 11 separate circuits, which consist of a minimum of 3 states per circuit. A circuit court of appeals functions in order to provide individuals or entities with a venue in which to engage in appeal hearings; upon the approval of an appellate hearing, the motion for supplementary judicial review will be brought before applicable circuit court of appeals. However, the only cases permitted to be heard before a circuit court of appeals are as follows:

Cases that have been heard by the applicable ‘lower courts’ existing within the hierarchical court system undertaken by that particular appellate jurisdiction

Cases that involve individuals, events, or circumstances involving an area or location transcending a single state boundary or shared bodies of water

What is the Second Circuit Court of Appeals?

Founded in the year 1948, the Second Circuit Court of Appeals is one of the 11 Court of Appeals that exist within the United States; within this particular circuit over which the Second Circuit Court of Appeals maintain jurisdiction, the following Appellate jurisdictions exist:

The Appellate District of Connecticut

The Appellate District of Vermont

The 1st Appellate Department of New York State

The 2nd Appellate Department of New York State

The 3rd Appellate Department of New York State

The 4th Appellate Department of New York State

Location of the Second Circuit Court of Appeals

The Second Circuit Court of Appeals is located in the borough of Manhattan, which also exists as one of the counties residing within New York City:

Thurgood Marshall United States Courthouse

40 Foley Square

New York, NY 10007

(212) 857-8500

Second Circuit Court of Appeals Personnel

Dennis Jacobs is the Chief Justice of the Second Circuit Court of Appeals

Karen Greve Milton is the Circuit Executive of the Second Circuit Court of Appeals

Catherine O’Hagan Wolfe is the Second Circuit Court of Appeals Court Clerk

Associated Fees

The admission of an attorney into the Second Circuit Court of Appeals has a fee of $190

The presentation of a Notice of appeal has a fee of $455

A Petition for Review has a fee of $450

A Writ of Mandamus has a fee of $450

Requirements for the Chief Justice of the Second Circuit Court of Appeals

In order to serve as the Chief Justice of the Second Circuit Court of Appeals of the State of New York, the following requirements must be satisfied by the candidate for this position:

A candidate must have served a full year within the service of the Second Circuit Court of Appeals

An eligible candidate is not to exceed 65 years of age

All terms served by the Chief Justice of the Second Circuit Court of Appeals will conclude after the 7th year of service; in addition, tenure as a Chief Justice of the Second Circuit Court of Appeals will conclude at the time that individual reached 70 years of age

In addition to the Chief Justice, there exist 13 Justices presiding over the Second Circuit Court of Appeals

The acting President of the United States of America is responsible for the appointment of the Chief Justice of a Circuit Court

Facts about a Court of Appeal

Facts about a Court of Appeal

What is a Court of Appeal?
A court of appeal is a judicial system that is responsible for reviewing the decisions made by lower courts; as a result of this function, a court of appeal must decide whether the decision rendered by the lower system (a trial judge or tribunal) should stand or be overturned.
The ability to appeal, in the United States, is denoted as a personal liberty, awarded to each citizen of the United States who is under trial for a criminal offense. Through this liberty granted in the United States Constitution, the party who is labeled as guilty in the lower court typically has a right to appeal the unfavorable decision.
The losing party in a trial decision typically has the ability to show that the tribunal or deciding judge made a legal error in reaching the previous decision or that the jury egregiously violated the law in delivering their verdict.
Structure of the Court of Appeal:
In the majority of jurisdictions in the United States, there is a regional court of appeal as well as a national appeal system. For example, in the United States of America, a common jurisdiction will have a state court of appeals, which is responsible for reviewing cases made in the state’s lower court system. A federal appeal court, in contrast, will handle cases heard in the lower federal court systems.
The federal courts act as intermediaries between trial courts and the highest judicial systems in the land. The court of appeal thus must decide the availability of the appeal on the merits of the request; as a result of this qualification process, the highest court in the system may decline to review the case.
What happens when a case reaches the Court of Appeal?
When a particular case reaches the court of appeal, the judicial system does not typically examine the evidence in the underlying case. The primary focus of the court of appeal is to determine whether an infraction in regards to the legal process was delivered by the judge or jury presiding over the case.
The party who appeals the case, as a result of this process, cannot produce additional evidence or testimonies for consideration. That being said, the one exception to this qualifying rule lies where the judge or jury reaches a factual conclusion that is regarded as unreasonable based on the evidence previously presented. The court of appeal thus, can render a decision at such a point to remand the verdict of the lower court and subsequently overturn the ruling.
What is a Court of Appeal comprised of?
The majority of appeals courts consist of a panel of judges and three justices. The party who bring his or her particular case to the court of appeal, must convince the panel, through the delivery of written briefs and oral arguments, that the lower court system made an error of law when rendering their decision.
To effectively evaluate the appeal, the judges on the panel will interact with various legal professionals to pose questions concerning their arguments; both parties involved in the court of appeal will work together to answer the questions revolving around the previous court decision.

Facts About Circuit Appeals

Facts About Circuit Appeals

What are the Circuit Appeals?
The circuit appeals or circuit courts are the intermediate appellate court system found in the United States’ federal court system. In general, a court of appeals will evaluate appeals from the district court systems within the federal judicial circuit, and in some cases, from other designated federal court systems and various administrative agencies. More specifically, circuit appeals refer to the appeal process that exists in the circuit court system.
The United States circuit appeals system is considered the most influential and powerful court system in the United States. These characteristics stem from a circuit appeals system to set a legal precedent in various regions that preside over millions of citizens; the United States Circuit Appeals system possesses a dominant influence over the legal system in the United States. 
The United States Supreme Court chooses to preside over less than 100 of the more than 10,000 cases that filed annually; the Circuit Appeals system serves as the dominant arbiter on the majority of federal cases. 
Structure of the Circuit Appeals System: 
In the United States, there are currently 179 judges on the United States Courts of Appeals; each judge of the Circuit Appeals is authorized through Congress and more specifically Article III of the United States Constitution. Each judge found on the Circuit Appeals system is nominated by the President of the United States; if confirmed by the United States Senate, each judge maintains lifetime tenure, earning an annual salary of approximately $185,000. 
In the United States, there are currently thirteen courts of appeals in the United States; that being said, there are other tribunals that maintain the title of “Court of Appeals” in their respective titles. Eleven of the Circuit Appeals are geographically defined, while the thirteenth court of appeal is responsible for hearing appeal cases on the Federal Circuit—the thirteenth court, which possesses a nationwide jurisdiction over certain appeals based on particular subject matter, is referred to as the United States Court of Appeals for the Federal Circuit.
The circuit appeals system, may also hear appeal cases that were based off of some administrative agency decisions and rulemaking boards—the largest share of these particular appeals are heard by the D.C. Circuit Appeals system. 
What is a Circuit Court?
At the most general and basic of levels, a circuit court system refers to a group of courts that work together to form a regional justice system. Circuit courts will typically hear cases and appeals within a given region; as a result of the jurisdictional characteristics, the circuit court system will vary in scope and purpose from region to region and from country to country. 
The circuit court system was originally established as a way to bring the laws of a particular nation into various localities where there was no access to lawyers or judges. This historical context; however, is no longer applicable, for circuits have recently been replaced by a permanent court system in the majority of jurisdictions. 
In the United States of America, circuit courts appear at both the state and federal level; the United States congress has divided the nation into various judicial circuits—each judicial circuit will handle original cases and circuit appeals from within their region. The majority of states with the country possess their own circuit system; each circuit will determine the jurisdictional powers that the courts possess. That being said, most circuit courts are trial courts that will handle a variety of cases. Furthermore, the majority of state circuits are divided into district courts, while some are further divided to include separate court systems to handle different categories of law.

3 Things You Need to Know About Court Appeals

3 Things You Need to Know About Court AppealsWhat are Court Appeals?

Court Appeals are the procedures in which individual court cases may be brought before a court of law in lieu of a preexisting decision set forth subsequent to a trial; in these cases, individuals retain the right to apply for an appeal in court allowing them opportunity to represent their individual cases for supplemental judicial review – judicial review is the legal process in which a presiding judicial body or institution undergoes an analysis of case details latent in order to provide for a decision.

In certain cases, individuals participatory – or in receipt – of judicial review may be dissatisfied by the findings of a particular judicial institution; the reasoning for any or all dissatisfaction may vary – the provision of valid, substantiated, and administrative regulatory Court Appeals with regard to an individual case is necessary in order to facilitate the appeals process.

The Nature of an Appeal in Court

Although Court Appeals may vary within nature, history, and circumstance, the requirements for the approval of Court Appeals are typically uniform; this consists of an overwhelming, valid, and logical petition suggesting the presence of legal defect within the initial hearing. The provision of this information is instrumental with regard to the approval process applicable to an Appeal in Court:

Applications for Court Appeals set forth both resulting from and consisting of bias, subjective analysis, personal dissatisfaction absent of founded proof and evidence, and emotional diatribe should not be submitted; legal defect is a notion that is procedural in nature typically absent of personal opinion – although individuals may be dissatisfied with the initial ruling, Court Appeals will not take place in the event that there lacks evidence of unconstitutionality

Petitions for an Appeal in Court that include presumed judicial oversight, legal defect, legislative mishaps, unconstitutionality, and the violation of rights are one of the many circumstances that may be presented in a letter of appeal; these events should be conveyed in a neutral, unbiased, and informative manner

Civil Court Appeals vs. Criminal Court Appeals

The two primary classifications of Court Appeals exist within the realms of civil law and criminal law. While Civil Court can only mandate financial restitution subsequent to sentencing, criminal court may institute both punitive recourse and financial restitution; however, both a Civil Appeal in Court and a Criminal Appeal in Court have the following in common:

Typically, only the parties involved in the trial may file a petition for Court Appeals; this is contrast to certain jurisdictions existing on a n international level within which anyone involved in the hearing is permitted to petition for an appeal – this includes attorneys and court officials

Individuals engaging within both Civil Court Appeals and Criminal Court Appeals will be eligible to post bail in the event that bail or bond is permitted; in addition, each individual is entitled to legal representation with regard to a hearing taking place in an appellate court

In both cases, filing fees and supplemental charges must be satisfied upon the presentation of applications petitioning Court Appeals

The Facts on the First Circuit Court of Appeals

The Facts on the First Circuit Court of Appeals

What is the First Circuit Court of Appeals?
The First Circuit Court of Appeals of the United States of America is a federal court system that possesses appellate authorities and jurisdiction over the district courts in the following jurisdictions:

The District of Maine


The District of Massachusetts


The District of New Hampshire


The District of Puerto Rico


The District of Rhode Island
The First Circuit Court of Appeals of the United States is located at the john Joseph Moakley Federal Courthouse in Boston, Massachusetts. Although the majority of court cases within the First Circuit Court of Appeals are heard in Boston, the court system sits, for two weeks each year, in San Juan, Puerto Rico and occasionally at other court locations within the circuit. 
The First Circuit Court of Appeals is administered and run by six active and three senior judges; through this composition, the First Circuit Court of Appeals is the smallest of the thirteen United States Courts of Appeals. 
Chief Judges of the First Circuit Court of Appeals:
The chief judges within the First Circuit Court of Appeals possess administrative responsibilities with respect to their underlying circuits; the chief judges within the First Circuit Court of Appeals must preside over any panel on which they serve unless the circuit justice of a higher court (for example the Supreme Court) is also on the panel. Dissimilar to the Supreme Court, where one specific justice is specifically nominated to be chief, the office of the chief judge will rotate among the circuit judges of the First Circuit Court of Appeals. 
To sit as a chief judge of the First Circuit Court of Appeals, a judge must have been in active service on the court for at least one year, has not previously served as chief judge, and be under the age of 65 years old. Vacancies are filled by the judge who possesses highest seniority among the pool of qualified judges. The chief judge of the First Circuit Court of Appeals will serve for a term of seven years or until the age of 70, whichever takes place first; these age restrictions will be waived if no members of the court would otherwise be qualified for the position within the First Circuit Court of Appeals.

Understanding the High Court of Appeal

Understanding the High Court of Appeal

What is the High Court of Appeal?
The High Court of Appeal, also known as the high Court of Justice, is when combined with the Crown Court and the Court of Appeal, is one of the Senior Courts of England and Wales. 
The High Court of Appeal, at first instance, will preside with all cases that are regarded as possessing “high value” or “high importance.” The high Court of Appeal, within England and Wales, also possesses a supervisory jurisdiction over all subordinate courts and various tribunals—not every High Court of Appeal within England and Wales; however, will possess a series of tribunals. 
The High court of Appeal is located at the Royal Courts of Justice on The Strand, in central London. The High court of Appeals possesses ‘District Registries’ all across Wales and England and virtually all proceedings in the High Court will be issued and subsequently heard at a district registry. The High Court of Appeal is headed and presided over by the Lord Chief Justice of England and Wales; this authoritative figure is responsible for handling all administrative and judicial responsibilities within the High Court of Appeal of England and Wales. 
Divisions of the High Court of Appeal:
The High Court of Appeal contains three distinct divisions: the Queen’s Bench Division, the Family Division and the Chancery Division. Furthermore, the high Court of Appeal also contains the Senior Courts Costs Office, which handles the quantification of legal costs pursuant to costs made by the court system—the Senior Courts Costs Office; however, falls just outside of the three division system of the High Court of Appeal. 
The majority of proceedings in the High Court of Appeal are tried and held before a single judicial body—typically a judge; however, certain proceedings, especially those established in the Queen’s Bench Division are assigned to a Divisional Court, which is comprised of a bench of two or more judges. Those litigants who perform in the High Court of Appeal are typically represented by counsel, but may be administered or heard by lawyers with a right of audience or in person.
The Queen’s Bench Division of the High Court of Appeal:
The Queen’s Bench Division has two primary roles: the system will hear a wide range of contract law issues and personal injury or general negligence cases. Additionally, the Queen’s Bench Division possesses a special function as a supervisory court.
Chancery Division of the High Court of Appeal: 
The Chancery Division of the High Court primarily deals with issues concerning: business law, probate law, trusts law, and land law in relation to matters of equity.
Family Division of the High Court of Appeal:
The family division of the High Court of Appeal handles all legal matters that revolve around children, divorce, probate and medical treatment issues.

The Facts on the Ninth Circuit Court of Appeals

The Facts on the Ninth Circuit Court of Appeals

 

What is the United States Ninth Circuit Court of Appeals?

 

The Ninth Circuit Court of Appeals, in the United States, is a federal court that possesses appellate jurisdiction over the various district courts in the following national jurisdictions:

 

District of Alaska

 

District of Arizona

 

Central District of California

 

Eastern District of California

 

Northern District of California

 

Southern District of California

 

District of Hawaii

 

District of Idaho

 

District of Montana

 

District of Nevada

 

District of Oregon

 

Eastern District of Washington

 

Western District of Washington

 

In addition to the aforementioned districts, the Ninth Circuit Court of Appeals in the United States also possesses appellate jurisdiction over the District Court of Guam and the District of the Northern Mariana Islands—two United States’ operated territorial court systems.

 

The Ninth Circuit Court of Appeals is headquartered in San Francisco California; the Ninth Circuit Court of Appeals is the largest of the thirteen courts of appeals that currently operate in the United States. 

 

The Ninth Circuit Court of Appeals is headed by 29 judgeships; each judge will travel around the aforementioned circuits, although the court will typically arrange its hearings based on a regional travelling system—for example, cases from the northern region of the Ninth Circuit Court of Appeals are typically heard in Portland or Seattle, while a cases in the Southern District of California will be heard in Pasadena. 

 

Chief Judges of the Ninth Circuit Court of Appeals:

 

The Chief Judges of the Ninth Circuit Court of Appeals possess a series of administrative responsibilities with respect to their underlying circuits; the Chief Judges of the Ninth Circuit Court of Appeals preside over any panel on which they serve unless a circuit justice (for example a Supreme Court Justice responsible for the circuit) is also established on the panel. Dissimilar to the Supreme Court, where one justice will be nominated to act as chief, the office of chief judge in the Ninth Circuit Court of Appeals will rotate among a series of circuit judges. 

 

To be positioned as a chief judge, the individual must been in active service within the Ninth Circuit Court of Appeals for at least one year, while being younger than 65 years of age and having previously never served as chief judge. Any vacancy present in the Ninth Circuit Court of Appeals will be filled by the chief judge who has highest seniority among the pool of qualified judges. The chief judge of the Ninth Circuit Court of Appeals will serve for a term of seven years or until they reach age 70, whichever occurs first.   

Ninth Circuit Court of Appeals At A Glance

Ninth Circuit Court of Appeals At A Glance

The Ninth Circuit Court of Appeals, or 9th Circuit Court of Appeals, is formally known as the United States Court of Appeals for the Ninth Circuit. When referred to in a case citation, the Court is cited as the “9th Cir.” Regardless of which of the many names for the court are used, the Ninth Circuit Court of Appeals is the United States Federal Court that is granted appellate jurisdiction for the Federal district courts in:
The District of Alaska,
The District of Arizona,
The Northern District of California,
The Eastern District of California,
The Southern District of California,
The Central District of California,
The District of Hawaii,
The District of Idaho,
The District of Montana,
The District of Nevada,
The District of Oregon,
The Western District of Washington, and
The Eastern District of Washington.
In addition, the 9th Circuit Court of Appeals has been granted appellate jurisdiction over the territorial courts in the District Court of Guam and the District of the Northern Mariana Islands.
Although the Ninth Circuit Court of Appeals has its headquarters in San Francisco, the regular meeting places of the 9th Circuit Court of Appeals include Seattle’s William K. Nakamura Courthouse, Portland’s Pioneer Courthouse, San Francisco’s James R. Browning U.S. Court of Appeals Building, and Pasadena’s Richard H. Chambers U.S. Court of Appeals. In addition to these four courthouses, panels of the Court may move throughout its jurisdiction to hear cases in other locations. 
Even though the judges are required to move throughout the Ninth Circuit, Court of Appeals hearings are scheduled in locations that are as close to the original jurisdiction as possible in order to reduce the time and cost of travel incurred by lawyers who must present cases to the 9th Court of Appeals in person.