Also known as:appeal court · appeals courts · appellate court · court of appeals
Written by attorneys · grounded in primary & secondary sources — see below
A court with jurisdiction to review decisions of lower courts or administrative agencies.
Sources & Authorities
How it applies
Common Examples
6
Clerical Error Correction Request
Alan Ackerman sued Astra Aerospace in district court and obtained a judgment containing a typographical error in the damages amount. After the appeal was docketed in the appeals court, Astra moved the district court to fix the error under Rule 60(a). The district court denied the motion without leave, forcing Astra to seek permission from the appeals court to authorize the correction.
Due Process Notice Challenge
Amber Alonzo represented a class of trust beneficiaries who received only publication notice of a bank accounting proceeding. The district court approved the settlement. On appeal the appeals court held that the notice failed constitutional standards and remanded for individualized notice to known beneficiaries.
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Cases
Statutes
Federal Rules
Uniform Acts
Restatements
Dictionaries
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Agency Rulemaking Review
Andre Antoine challenged an EPA emissions rule in district court after the agency declined to adopt stricter standards. The district court upheld the rule. The appeals court affirmed, holding that the agency had reasonably interpreted its governing statute without adding extra procedural requirements.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Substantive Due Process Claim
Audrey Ashton sued state officials in district court asserting a right to physician-assisted suicide. The district court dismissed the claim. The appeals court affirmed, ruling that the asserted right was not deeply rooted in the nation's history and tradition.
Washington v. Glucksberg521 U.S. 702 (1997)
Abortion Regulation Challenge
Aaron Adams and a class of physicians challenged a state abortion statute in district court. The district court enjoined enforcement. The appeals court reversed, finding the statute constitutional under then-existing precedent.
Roe v. Wade410 U.S. 113 (1973)
Erie Doctrine Application
Anita Ali sued in federal court under diversity jurisdiction for a state-law tort claim. The district court applied a federal procedural rule that differed from state practice. The appeals court reversed, holding that the state rule was substantive and must control under Erie.
Hanna v. Plumer380 U.S. 460 (1965)
Common questions
Frequently Asked
4
What is the primary function of an appeals court?+
An appeals court reviews decisions of lower courts or administrative agencies for legal error. It does not retry facts or hear new evidence in most cases.
Supporting sources
When may a district court correct a clerical mistake after an appeal is docketed?+
The district court may correct a clerical mistake only with leave of the appeals court once the appeal has been docketed and remains pending.
Supporting sources
Under what conditions may a court of appeals permit an interlocutory appeal under 28 U.S.C. § 1292(b)?+
The district judge must certify that the order involves a controlling question of law with substantial ground for difference of opinion and that immediate appeal may materially advance the litigation's end. The court of appeals then has discretion to accept the appeal.
Supporting sources
Does an appeal from a class certification order stay district court proceedings?+
An appeal under Rule 23(f) does not automatically stay proceedings. The district judge or the court of appeals may order a stay if appropriate.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…the court's grant of declaratory relief to Roe and Hallford. Both sides also have taken protective appeals to the United States Court of Appeals for the Fifth Circuit. That court ordered the appeals held in abeyance pending decision here. We postponed decision on jurisdiction to the hearing on the merits. 402 U. S. 941 (1971).…