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External links |
Legal procedure |
United States procedural law In law, an answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem. |
In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or ... |
In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally speaking in private, civil cases there is no plea entered of guilt... |
The famous Latin Responsa Prudentium ("answers of the learned ones") were the accumulated views of many successive generations of Roman lawyers, a body of legal opinion which gradually became authoritative. |
During debates of a contentious nature, deflection, colloquially known as 'changing the topic', has been widely observed, and is often seen as a failure to answer a question. |
Notes |
Common law |
Legal documents An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the tri... |
Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings. It is the duty of trial ... |
Before hearing any case, the Court must have jurisdiction to consider the appeal. The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court's judgment provides ... |
Bifurcation of civil and criminal appeals |
While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by the type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases... |
Courts of criminal appeals |
Civilian |
Court of Criminal Appeal (England and Wales), abolished 1966 |
Court of Criminal Appeal (Ireland), abolished 2014 |
U.S. States: |
Alabama Court of Criminal Appeals |
Oklahoma Court of Criminal Appeals |
Tennessee Court of Criminal Appeals |
Texas Court of Criminal Appeals |
Military |
United States Army Court of Criminal Appeals |
Navy-Marine Corps Court of Criminal Appeals (United States) |
Coast Guard Court of Criminal Appeals (United States) |
Air Force Court of Criminal Appeals (United States) |
Courts of civil appeals |
Alabama Court of Civil Appeals |
Oklahoma Court of Civil Appeals |
Appellate courts by country |
New Zealand |
The Court of Appeal of New Zealand, located in Wellington, is New Zealand's principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. |
Sri Lanka |
The Court of Appeal of Sri Lanka, located in Colombo, is the second senior court in the Sri Lankan legal system. |
United Kingdom |
United States |
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appea... |
In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the ... |
Institutional titles |
Many U.S. jurisdictions title their appellate court a court of appeal or court of appeals. Historically, others have titled their appellate court a court of errors (or court of errors and appeals), on the premise that it was intended to correct errors made by lower courts. Examples of such courts include the New Jersey... |
The phrase "court of appeals" most often refers to intermediate appellate courts. However, the Maryland and New York systems are different. The Maryland Court of Appeals and the New York Court of Appeals are the highest appellate courts in those states. The New York Supreme Court is a trial court of general jurisdicti... |
See also |
Court of Criminal Appeal (disambiguation) |
Court of Appeal (Hong Kong) |
High Court (Hong Kong) |
Court of Appeal (England and Wales) |
Court of cassation |
References |
Citations |
Sources |
Lax, Jeffrey R. "Constructing Legal Rules on Appellate Courts." American Political Science Review 101.3 (2007): 591–604. Sociological Abstracts; Worldwide Political Science Abstracts. Web. 29 May 2012. |
Courts by type |
Appellate courts |
Jurisdiction Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", an... |
Australia |
In Australia, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. The judge will testify during the indictment process. |
Canada |
In every province in Canada, except British Columbia, defendants are arraigned on the day of their trial. In British Columbia, arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether he or she pleads guilty or not guilty to each charge. |
France |
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