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[4] [5] [6] The first is the traditional "direct" appeal in which the appellant files an appeal with the next higher court of review. The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance—usually the court that tried the case.
These trial level courts exercise specific jurisdiction as conferred by law. [7] In contrast, both the New York Court of Appeals and the Appellate Division, when it sits as a final appeals court with respect to appeals arising from decisions of the Appellate Terms in the First and Second Departments, generally may only decide questions of law.
The United States courts of appeals, or Federal Circuit Courts or U.S. Circuit Courts of Appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies , and their decisions can be appealed to the Supreme Court of the ...
In federal tribunals in the United States, it is possible for an Article III court to remand a case to an Article I court, if the case was originally decided by the Article I court and then appealed to the Article III court, [3] or for a higher-level administrative tribunal within an executive agency to remand a case to a lower-level tribunal ...
[1] As with all four departments of the Appellate Division, the Second Department was created in its current form by the Constitution of the State of New York, adopted at the 1894 constitutional convention. The constitution fixes the number of justices at seven, but the governor may designate additional justices if there is a need.
In a 2-1 decision, the US Circuit Court of Appeals for the DC Circuit said the temporary order in Dellinger’s favor was not appealable. Reviewing such order, the court said, “would be ...
The First Department of the Appellate Division holds jurisdiction over the Counties of New York and the Bronx. Appeals are taken to the Appellate Division, as a matter of right, in civil and criminal cases, from the Supreme Court, Surrogate's Court, Family Court, and Court of Claims.
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative ...