Appellate procedure in the United States
Overview
The appellate procedure in the United States is a series of legal processes and rules that govern how an appeal is taken from a decision of a lower court to a higher court for review. This process is an integral part of the American legal system, providing an avenue for litigants to challenge and seek redress for perceived errors or injustices in lower court decisions.
Structure of the Appellate System
The United States appellate system is structured into several levels. At the top is the U.S. Supreme Court, which is the highest appellate court in the country. Below the Supreme Court are the U.S. Courts of Appeals, which are divided into 13 circuits. At the lowest level are the U.S. District Courts, which are the trial courts of the federal system.
Initiating an Appeal
To initiate an appeal, the appellant (the party appealing the decision) must file a notice of appeal with the clerk of the lower court. This notice must be filed within a certain time period, typically 30 days from the entry of the judgment or order being appealed.
Briefs and Oral Argument
Once the appeal is initiated, the appellant must file a brief, which is a written argument that explains why the lower court's decision was incorrect. The appellee (the party opposing the appeal) also files a brief in response. In some cases, the court may allow oral argument, where the parties present their arguments in person before the judges.
Decision and Opinion
After reviewing the briefs and hearing oral argument, the appellate court will issue a decision. This decision may affirm (uphold), reverse, or modify the lower court's decision. The court's reasoning is explained in a written opinion.
Further Appeals
If a party is dissatisfied with the decision of the appellate court, they may seek further review by the Supreme Court. However, the Supreme Court is not obligated to hear every case and typically only agrees to review cases that present important questions of federal law.
Impact of Appellate Decisions
Appellate decisions have a significant impact on the development of law in the United States. They set precedents that lower courts must follow and can influence the interpretation and application of laws.
Criticisms and Reforms
The appellate procedure in the United States has been subject to various criticisms and proposals for reform. Some critics argue that the process is too complex and costly, while others contend that it does not provide adequate opportunities for litigants to present their cases.
