Course: Introduction
At the appellate level, decisions are the written opinions of appellate courts that have the force of law in common-law countries like the United States.
The term decision in trial courts refers to the final ruling or judgment made by a judge or jury at the conclusion of a trial, while in appellate courts, the term decision refers to the written opinion or ruling issued by the court on an appeal from a trial court decision. The decision in trial courts is based on the evidence presented in the trial, while the decision in appellate courts is based on legal arguments and interpretations of the law. Appellate courts can affirm, reverse, or modify the decision of the trial court, while trial courts are the first court to hear and decide the facts of the case.
In the appellate system, decisions are the written opinions of appellate courts that carry the force of law. In common law countries such as the United States, appellate courts have the power to interpret and apply the law, often by reviewing decisions made in lower courts. When an appellate court issues a decision, it sets a precedent that other courts are obligated to follow in future cases.
They can take many forms, but most are written opinions that explain the court’s reasoning and analysis in a particular case. These opinions can be long and complex, often running dozens or even hundreds of pages. They may cover a wide range of legal issues, from constitutional law to contract law to criminal law.
One of the key functions is to establish legal precedents. When an appellate court issues a decision, it sets a new standard for how the law should be applied in similar cases. Other courts must follow this precedent unless there is a compelling reason to distinguish the case at hand.
Decisions can also be important tools for legal advocacy. Lawyers often cite prior cases in support of their arguments, and judges may rely on prior decisions in their own opinions. This can help to ensure that the law is applied consistently and fairly across different cases and jurisdictions.
Despite their importance, they can also be controversial. Critics argue that relying too heavily on precedent can lead to rigidity and inflexibility in the legal system. Others argue that they can be influenced by factors such as politics, ideology, or personal bias.
Despite these concerns, decisions remain an essential part of the legal system. By establishing legal precedents and providing guidance for future cases, decisions help to ensure that the law is applied consistently and fairly across different jurisdictions. While there may be debates about the specific decisions that are issued by appellate courts, the overall importance of this body of law cannot be denied.
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- Legal Information Institute. (n.d.). Appellate Court. Cornell Law School.
- Legal Information Institute. (n.d.). Precedent. Cornell Law School.
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[ Glossary ]
Last Modified: 04/05/2023