Appellate jurisdiction

From Wikipedia, the free encyclopedia

Appellate jurisdiction refers to the power of a court to review and potentially modify the decisions made by another court or tribunal. The review process is known as an appeal, and is normally initiated by an action of the party who is dissatisfied with the decision of the lower court.

For example, the United States Supreme Court decides cases almost exclusively under its appellate jurisdiction. It can review most decisions of federal courts as well as the decisions of state courts involving questions of federal constitutional or statutory law. Appellate jurisdiction is addressed in reference to the Supreme Court in Article III, Section 2 of the United States Constitution.

Although the Supreme Court only exercises appellate jurisdiction over decisions of other courts, some U.S. courts may also review the decisions of non-judicial tribunals, such as administrative agencies.

Depending on the court and the type of case, appellate review may consist of an entirely new hearing on the matter (a trial de novo), or may be limited to a review of particular legal rulings made by the inferior tribunal (an appeal on the record).

A court exercising appellate jurisdiction can only decide issues of law and not of fact, since the finders of fact are the judges and the juries of the lower trial courts.