Appellate in United Kingdom

Meaning of Appellate

The following is an old definition of Appellate [1]: Having cognizance of appealed cases; accessible by appeal; concerning the judicial review of decisions: as, appellate – court, jurisdiction, power. Appellate jurisdiction, see, in this resource, the term Power to revise the decisions of the courts only, not the determinations of all inferior officers and boards. The secretary of the interior and the commissioner of the general land office in revising the acts of subordinate officials exercise ” supervisory ” ra than appellate power in the sense in which ” a] late ” is employed in defining the powers of cour justice. Appeal (appellatio in civil law) is defi ab inferioris judicis sententia ad superio provocare: the removal of a cause from sentence of an inferior to a superior juc or, as Blackstone expresses it, a compli to a superior court of an injustice done an inferior court. The remedy as known in England ife in a g measure confined to causes in equity, ecclesiast and admiralty jurisdiction: as to each of whicl jury intervenes. In courts proceeding accordin the civil law an appeal removes the whole of proceedings and usually, though not invariably, O] the facts as well as the law to re-examination. A process of civil law origin. Removes a ci entirely, subjecting the fact and the law to review retrial. A ” writ of error, ‘ ‘ which is of common-law gin, removes nothing for re-examination but the li Whfie perhaps in most States an appeal fro: court of general jurisdiction is in the nature of a of error, – whereby the appellate court passes v the record as to facts and law, does not hear a tional evidence, but confines its adjudication to er appearing upon the record, – in Ohio the appeal it vacates without revisal all proceedings, and the t is heard upon the same or other pleadings and u such testimony as may be offered in that court, subject is taken up de novo, as if the cause had no been tried. A final decree in chancery is taken to a higher ct for review by appeal. The object of removing a cause from a justice the peace by an appeal is to obtain a new trial, u the same issue, in the higher court. In States which have adopted the name ” appe for the review allowed of judgments governed by C of procedure, the’ proceeding is subject to so m statutory regulation, and in effect is so assimilate “writ of error,” that it seems no longer possible give a descriptive definition which shall be correct the various States and distinguish the two mode review. If a party to a suit is in no manner affected by v is decided he cannot be said to be a party to the cree, and, therefore, cannot appeal the case.

Resources

Notes and References

1. Concept of Appellate provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)