Appeal
Legal process for reviewing decisions by a higher authority.
An appeal is a legal process in which a higher authority reviews decisions made by lower courts or tribunals. It serves both to correct errors and to clarify and interpret the law. Although appellate courts have existed for millennia, common law countries did not establish an affirmative right to appeal until the 19th century.
The process of appellate review is distinct from judicial review, which concerns a court’s authority to determine whether legislative or administrative actions are defective on jurisdictional or other grounds. Terminology varies between American and British English. In the United States, cases go “on appeal,” and one “appeals from” or “appeals” an order or judgment; a court may dispose of an appeal by affirming (finding it without merit) or reversing (finding it has merit). In Britain, decisions are said to be “under appeal,” and one “appeals against” a judgment; the court dismisses or allows the appeal accordingly. Filing an appeal against a lower court’s judgment is the normal method of seeking review.
Appellate systems have ancient roots. During Babylon’s first dynasty, Hammurabi and his governors acted as the highest appellate courts. Ancient Roman law recognized a right to appeal under the Valerian and Porcian laws from 509 BC, later developing a complex hierarchy of appellate courts, with some appeals reaching the emperor. Japan had appellate courts by the Kamakura shogunate (1185–1333), which established a high appellate court for lawsuits. However, common law jurisdictions were slow to incorporate a right to appeal. Early English courts had no concept of appealing from one court to another, only directly to the Crown. They eventually developed writs of error and certiorari, but these were limited in availability, scope, and remedies. Writs of error were not a matter of right and originally required the attorney general’s recommendation; certiorari was initially only for summary offences and later for indictable offences only before judgment. Dissatisfaction led to over twenty-eight bills in Parliament, and England adopted appeals in civil cases in 1873 and criminal cases in 1907.
Most litigants appeal final orders, though some courts permit appeals at preliminary stages.
Quick Facts
- Field
- Law
- Known for
- Process of reviewing lower court decisions by a higher authority
- Earliest example
- First dynasty of Babylon (Hammurabi and his governors)
- Common law right established
- 19th century
Facts from the source article.
Контекст
Appellate courts and systems for correcting errors have existed for thousands of years. In ancient Babylon, during the first dynasty, King Hammurabi and his governors acted as the highest appellate courts. Ancient Roman law recognized a right to appeal as early as 509 BC under the Valerian and Porcian laws, and later developed a complex hierarchy of appellate courts, with some appeals reaching the emperor. In Japan, appellate courts existed from at least the Kamakura shogunate (1185–1333), which established a high appellate court to adjudicate lawsuits. Despite this long history, common law countries were notably slow to incorporate a right to appeal. Early English courts had no concept of an appeal from one court to another, instead developing limited writs of error and certiorari. Writs of error were not originally available as a right and required the attorney general’s recommendation, while certiorari was initially limited to summary offences. Widespread dissatisfaction with these writs led to the introduction of many parliamentary bills, and England eventually adopted appeals for civil cases in 1873 and criminal cases in 1907. A defining characteristic of appellate review is that it generally focuses on questions of law, not fact; appellate courts typically defer to the trial court’s factual record unless an error occurred. However, some jurisdictions, like the Netherlands, allow appellate courts to review cases in their entirety, including fact-finding.
Путеводитель
The appeal is a fundamental mechanism in legal systems for ensuring fairness and consistency in the application of law. By allowing higher courts to review lower court decisions, appeals correct errors and clarify legal principles. The historical development of appeals shows a gradual expansion from limited, discretionary review to a broader right, particularly in common law jurisdictions. Appellate courts generally review questions of law de novo but defer to trial court findings of fact, though some jurisdictions, like the Netherlands, review cases in their entirety. The process typically begins with a petition for review, followed by briefs and oral arguments, and ends with an affirmation, reversal, or vacatur of the lower court's decision. The highest appellate court in a jurisdiction is often called a court of last resort or supreme court.
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