appellate procedure

substantial evidence

Standard of review used at the appellate level to review a trial court's decision, where the court asks whether there exists substantial evidence to support the findings of the court below.

supersedeas

Supersedeas (also termed “writ of supersedeas”) is Latin for “you shall desist,” and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor’s power to levy execution.

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U.S. Court of Appeals for the Federal Circuit

The U.S. Court of Appeals for the Federal Circuit (C.A.F.C.) has nation-wide jurisdiction over certain disputes that involve the Federal government including intellectual property, international trade, government contracts, and federal...

unanimous

Complete agreement between multiple parties. Often describes appellate opinions with no judges dissenting.

See Unilateral, Bilateral, Multilateral, and Mutual.

with prejudice

When a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.

The reason that dismissal...

writ of certiorari

See: certiorari

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower...

writ of error

A writ emanating from an appellate court, demanding that a lower court convey the record of a case to the appellate court so that the record may be reviewed for alleged errors of law committed during a juridical proceeding. See, e.g. Worcester v....

writ of prohibition

A writ of prohibition is a judicial order that may be used, at a higher court's discretion, to prevent a lower court from interfering with the higher court's determination of a case pending an appeal. Writs of prohibition are sometimes issued...

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