
What is meant by ‘Appellate Jurisdiction’? Name two cases in which an appeal shall lie to the supreme court.
Answer
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Hint:Appellate jurisdiction is an appeal court's power to review, amend and overrule a trial court or other lower court's decisions. Most authority for appeals is provided by statute and can consist of appeals by leave of the court of appeal or by right.
Complete answer:
The appeal review consists mainly of an entirely new hearing (a non-trial de novo); a hearing where the appeal court pays deference to the factual judgments of the lower court; or a review of relevant legal decisions reached by the lower court (an appeal on the record).
The higher court's power to review the decision or change the outcome of the lower courts' judgments is called appeal jurisdiction. The highest court of order in the nation is the Supreme Court in India. In cases including civil cases and criminal cases, it can hear appeals.
An appeal court defines, under its standard of review, the degree of the difference it would offer to the judgement of the lower court on the basis of whether the appeal was one of fact or one of law. An appeal court typically gives deference to the judgments of the trial court in evaluating a question of fact. It is the responsibility of the judges or juries of the trial to discover proof, see first-hand the evidence, and hear witness testimony.
The appeal court investigates issues of de novo law (anew, no deference) and can reverse or change the judgement of the lower court if the appeal court determines that the facts or the law have been misapplied by the lower court.
Note:Civil cases include disputes, usually over money, between individuals or entities such as corporations. Criminal cases include the enforcement of public codes of conduct, which are codified in state laws.
Complete answer:
The appeal review consists mainly of an entirely new hearing (a non-trial de novo); a hearing where the appeal court pays deference to the factual judgments of the lower court; or a review of relevant legal decisions reached by the lower court (an appeal on the record).
The higher court's power to review the decision or change the outcome of the lower courts' judgments is called appeal jurisdiction. The highest court of order in the nation is the Supreme Court in India. In cases including civil cases and criminal cases, it can hear appeals.
An appeal court defines, under its standard of review, the degree of the difference it would offer to the judgement of the lower court on the basis of whether the appeal was one of fact or one of law. An appeal court typically gives deference to the judgments of the trial court in evaluating a question of fact. It is the responsibility of the judges or juries of the trial to discover proof, see first-hand the evidence, and hear witness testimony.
The appeal court investigates issues of de novo law (anew, no deference) and can reverse or change the judgement of the lower court if the appeal court determines that the facts or the law have been misapplied by the lower court.
Note:Civil cases include disputes, usually over money, between individuals or entities such as corporations. Criminal cases include the enforcement of public codes of conduct, which are codified in state laws.
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