Misplaced Pages

#761238

27-641: Known as the Law Court when sitting as an appellate court , the Supreme Court's other functions include hearing appeals of sentences longer than one year of incarceration, overseeing admission to the bar and the conduct of its members, and promulgating rules for all the state's courts. The Maine Supreme Judicial Court is one of the few state supreme courts in the United States authorized to issue advisory opinions , which it does upon request by

54-473: A court of appeal or court of appeals . Both terms are used in the United States, but the plural form is more common in American English , while in contrast, British English uses only the singular form. The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when

81-465: A courtroom large enough to permit the court to sit there. The MSJC is also authorized to rule on the fitness of the governor of Maine to serve in office, which it does upon the secretary of state certifying to the court that the governor is temporarily unable to carry out the duties of that office. The court must then hold a hearing and, if it agrees that the governor is unfit, declare the office of governor temporarily vacant and transfer its duties to

108-437: A judge to choose where, how and with what severity to sentence a person who has been convicted. A person chooses to utilize his or her options and decides which to use, whether this is a police officer arresting a person on the street (criminal) or evicting someone from an apartment (civil) or anywhere in between. Discretion can be found in all stages of the criminal justice system. Prosecutors have discretionary power in

135-434: A person deserves to be in prison, they will pursue that route, knowing that the prisons are very full and would then lead to a person being released early without serving his full sentence. "An abuse of discretion is a failure to take into proper consideration the facts and law relating to a particular matter; an arbitrary or unreasonable departure from precedent and settled judicial custom." The word discretion comes from

162-429: Is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal . In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews

189-742: The Cumberland County Courthouse. The renovation of the Kennebec County Courthouse in 2015, which included expansion of the bench in its largest courtroom to permit all seven justices to sit there at the same time, has allowed the court to meet there at least twice a year. It will also continue to meet in Portland , Bangor , and at high schools around the state. The new Judicial Center in Biddeford , scheduled to be completed in early 2023, will also contain

216-805: The New York Court of Appeals is the highest appellate court in New York. The New York Supreme Court is a trial court of general jurisdiction. The Supreme Court of Maryland was known as the Court of Appeals, and the Appellate Court of Maryland was known as the Court of Special Appeals, until a 2022 constitutional amendment changed their names. Depending on the system, certain courts may serve as both trial courts and appellate courts, hearing appeals of decisions made by courts with more limited jurisdiction. Abuse of discretion Discretion has

243-781: The Supreme Court . The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in Manila , with three divisions each in Cebu City and Cagayan de Oro . Other appellate courts include the Sandiganbayan for cases involving graft and corruption, and the Court of Tax Appeals for cases involving tax. Appeals from all three appellate courts are to

270-635: The Supreme Court . The Court of Appeal of Sri Lanka, located in Colombo , is the second senior court in the Sri Lankan legal system . 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 appeals based on matters that were originally brought up before

297-493: The president of the Maine Senate , who would serve as acting governor. If the secretary of state later certifies to the Supreme Court that the governor is fit to resume office, the court would then decide whether it agrees. There are two active retired justices. Court of Appeals An appellate court , commonly called a court of appeal(s) , appeal court , court of second instance or second instance court ,

SECTION 10

#1732772543762

324-824: The Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors (renamed the Kentucky Supreme Court ), and the Mississippi High Court of Errors and Appeals (since renamed the Supreme Court of Mississippi ). In some jurisdictions, a court able to hear appeals is known as an appellate division . The phrase "court of appeals" most often refers to intermediate appellate courts. However,

351-446: The United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and Oklahoma have the final determination of criminal cases vested in their respective courts of criminal appeals, while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to the state supreme court. The High Court has appellate jurisdiction over all other courts. Leave must be granted by

378-469: 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 the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified. Depending on

405-421: The appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some courts, particularly supreme courts, have the power of discretionary review , meaning that they can decide whether they will hear an appeal brought in a particular case. Many U.S. jurisdictions title their appellate court

432-472: The court at issue clearly prefers to be called a "court of appeals", and vice versa. Historically, certain jurisdictions 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 Court of Errors and Appeals (which existed from 1844 to 1947),

459-676: The court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories . Appeals to the High Court are by special leave only, which is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where

486-399: The criminal justice process. They have the ability to initiate and terminate all criminal prosecutions. They have to use discretion to weigh the rights of the accused, the feelings of the victim, and the capacity of prisons when determining a proper punishment. Prosecutors control plea bargains and thus have possibly the most discretion-based role in the criminal justice process. If they believe

513-482: The decisions of the intermediate courts, often on a discretionary basis . A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. 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

540-557: The governor or legislature, as set out in the Maine Constitution . It is also unusual for a state's highest appellate court in that its primary location is not that of the state's capital city, Augusta , partially because the Kennebec County Courthouse did not have a courtroom large enough for the Supreme Court's proceedings. The court did meet there from 1830 until 1970, when it permanently moved to

567-636: The law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. 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

SECTION 20

#1732772543762

594-443: The lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an " abuse of discretion ". This standard tends to be even more deferential than the "clear error" standard. Before hearing any case, the court must have jurisdiction to consider

621-407: The meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings , such as whether evidence is excluded at a trial , may be exercised by a judge . The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. In the legal system, discretion is often defined as the ability of

648-409: The trial court's findings. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony . When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error. The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision if the appellate court believes

675-433: The trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal. 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

702-444: The type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo ); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record). While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by

729-532: 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, and the U.S. Court of Appeals for the Federal Circuit , which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims on the other. In

#761238