The court of appeal review cases to ditermine if any mistakes were made in lower

court levels.Discover the definition of court of Appeals, including its jurisdiction and
decisions ,with a lesson of federalism and the U.S courts and the lower courts.

Federalism and the U.S courts

In the united states , we have separate courts that are organized and operated by
each state as well as the federal government.Each state sets its own laws each state
has its own process of enforcing when those laws are broken . The federal of national
,government has also its own laws and process of enforcing those laws . we call the
separation of authority between states and the federal government federalism.There
are many types of laws which exist at the state and federal level Crimes and civil
infractions are the two primary types of issues with court adress.You can be found
guilty of the crime or hed liable for civil changes in any state or if it breaks federal law
by the national government .The process by which cases are heard is very similar
across all states and the federal government .In this lesson we will describe the
federal court system .Whenever the state courts operate differently you will see a
note explaining how one or more of the states are unlike the federal government.

Definition Court of Appeal

Court Of Appeal an English court.It comprises a Civil defision and a Criminal Difision
and hears appeals in England.It’s a central court and cases come from all over the
country The master of the rolls head up the civil difision ;the Lord Chief Justice the
Criminal Division .Its importance lies in the fact that unless the house of Lords itself
grants leave,there is no appeal beyond the court of Appeal without leave of that
court inself in civil cases it receives appeals from the High Court all difisions and from
the country court .In criminal cases appeals lie primarilly for the crown court
A court of appeal is a judicial system that is responsible for reviewing decisions made
by lower courts as as result of this function ,a court of appeal also must decide
whether the decision rendered by the lower system which is a trial judge or tribunal
should be stand or be overturned.

The Lower Courts

At the lowest level,criminal and civil cases are introduced in the trial court . The trial
court hears evidence , interviews witnesess and allows each side to present it case .
In criminal case the government is represented by the prosecution . The prosecutions
attempts to prove a law was broken by the defendant .Civil cases are broughtby a
olaintiff , a person or group who is harmed by the another person or group , also
called the defendant .All criminal cases and most civil cases are heard in a court that
is overseen by a judge and decided by the jury.Court cases depicted on television
shown and in movie usually take place in trial courts . Lets review the order in which
cases are heard , so that the role of the court of appeal can be uderstood in the
context.

Cases involving either criminal or civil law of a state are heard in the following order:

1. State trial court

2. State intermediate court
3. State supreme court
4. Federal supreme court
Cases involving federal criminal or civil law are heard in the following order:

1. Federal district court

2. Federal court of appeals
3. Federal supreme court

What is the main function of the Court of Appeals?

A court of Appeals hears challenges to district court decision from court located
within its circuit ,as well as appeals from decisions of federal administrative agencies.

What happens when a case reaches the court of appeal?

When the particular case reaches the court of appeal ,the judicial system does not
typically examine the evidence in the underlying case.The primary focus of the court
of appeal is to determine whether and infractions in regards to the legal process was
delivered by the judge or jury presiding over the case.

The party who appeal the case ,as a result of the process cannot produce
additional evidence or testimonies for consideration . That being sad ,the one
exceptions to this qualifying rule lies where the judge judge or jury reaches a factual
conclusion that is regarded as unreasonable based on the evidence previously
presented .The court of appeal thus,can render a decision at such a point to remnant
the verdict of the lower court subsequently overturn the ruling.
 History of Establishment

Under the 1948 Federation of Malaya Agreement , the Supreme court consisting of
the high court and the Court of Appeal was established .The Supreme court was later
replaced by The Federal Court and The high court in 1963.

On 24 Jun 1994 ,the Court Of Appeal was established under the court of appeal
Act 1994.The disgrace has brought back the 2-tier appeal process in the country's
legal institutions .Initially the Court of Appeal consisted of the president of the court
of Appeal who was the chairman of the Court of appeal and also 10 judges of the
court of appeal .The president of the court of appeal is also a member of the federal
court.

According to the provisions of article 122 of the constitution ,the latest maximum
number of court of Appeal judges in 32 people.

We have seen that the human drama that accompanies trials and sentencing
hearings .The intense emotional atmosphere that can develop during pivotal
moments of the participants and observers . The highly formal ,ritualized nature of
court procedures is the “official framework”of trials, yet the actual proceeding are
often quite personalized ,idiosyncratic and charge with emotions.
A defendant’s conviction however , is often only the end of one phase of the legal
process ,with the most critical stage yet to come.How can this be?The answer is that
a finding of guilt in a trial court may raise legal issues that are re viewable by an
appeals court.

Trial court at both the state and federal level are charged by finding out the facts in a
case and deciding how the law applies in particular cases .In contrast , the function of
appellate court is examining claims that law was improperly applied or that legal
procedures were not correctly followed .An Appeal is “a proceeding in which a cases
is brought before a higher court for review of a lower court’s judgement for the
purpose of convincing the higher court for review of a lower court’s judgment was
incorrect”(Merriam -Webster ,1996)

Jurisdiction
The court of Appeal has:
1. jurisdiction to determine appeals arising from the decisions of a High Court or a
judge thereof (except decisions of a high court given by a Registrar or other officer of
the court,and appeal able under federal law to a judge of the court);and
2. Any other jurisdiction as may be conferred by or under federal law.

For Civil cases,

Under section 67 CJA 1964, the court of Appeal has jurisdiction to hear and
determine appeals from any judgement or other of any high court in any civil cause
or matter ,whether made in the exercise of its original or its appellate
jurisdiction .Appeals to the Court of Appeal are ,however ,restricted by section
68 .That Section provides that no appeal lies in the following cases:

1. where the amount or value the subject matter of the claim (exclusive on
interest )is less than RM250000 ,except with leave of the court of appeal.
2. Where the judgment or order is made by consent of the parties.
3. Where the judgment or order relates to cost only ,which by law are left to the
discretion of the court except with the leave of the court of appeal and
4. Where by any written law for the time being in force ,the judgment or order of
the High Court is expressly declared to be final.

Except where the Court Of Appeal grants leave ,no appeal is allowed from a decision
of a judge given by a chambers in a summary way on a interdependent
summons ,where the fact are not in dispute .For instance ,when a person in a
possession of property in which he claims no interest but which is claimed by two or
more claimants , such a person , not knowing to whom he may safely give the
property can compel the claimants to inter plead ,to initiate proceedings between
themselves to determine who is entitled to the property .However the appeal is
allowed from a judgment given in court on the trial of an inter pleader issue.
An appeal to the court of appeal is by way of rehearing a case in which the court of
appeal has all the power and duties of high court.The court of Appeal may:

 Order a new trial ; or

 Reverse or vary the decision of the high court.

The power to order an new trial under section 71 may be exercised irrespective of
whether the matter was tried by the High Court in the exercise of its original or
appellate jurisdiction.Unless the court of Appeal is of the opinion that some
substantial wrong or miscarriage of justice has occurred ,a new trial may not be
granted on the ground of improper admission or rejection of evidence .The court of
Appeal may reverse or vary a judgment or order of the high court , or order a new
trial on account of any error ,defect ,or irregularity which does not affect the merits
or jurisdiction of the high court.

For criminal cases,

The court of appeal may hear and determine any criminal appeal against any decision
made by the High Court in the exercise of its:
 Original jurisdictions and
 Appellate or re visionary jurisdiction
In respect of any criminal matter decided by the Sessions court .
Under section 50(2) CJA 1964 ,an appeal against the decision of the High Court in
exercise of it re visionary jurisdiction concerning a criminal matter heard by the
Magistrates’ court may be made with the leave of the court of appeal .Such an
appeal is confined only to questions of law which have arisen in the court of appeal
or revision ,and the determination of which by the high court has affected the event
of the appeal or revision .Where the appeal is by the public prosecutor ,only the
consent of that officer is required .
The court of Appeal has the power to;
i. Summarily dismiss appeals;
ii. Confirm ,reverse , or vary the decision of the trial court;
iii. Order a retrial or remit the matter with its opinion thereon to the trial court or ;
iv. Make such other order in the matter as may seem just and may , by that order ,
exercise any power which the trial court might have exercised .
The court of appeal may also quash the sentence passed by the trial court and pass
such other sentence warranted in law if it thinks that a different sentence should
have been passed .The court of appeal is also empowered under article 126 and
section 13 CJA 1964 ,to punish for contempt of court if any .

Why Are Appeals Important

At first glance ,it may seem obvious that appeals are important to the parties in
a case,and indeed this is true .The appeals process is part of the system of “cheeks
and balances” design to ensure that defendants have received due process at earlier
stage of the criminal justice process .Thus appeals are a critical means for pursuing
specific legal goals and individual cases.

However appeals are also important because there are one of the principal
avenues by which legal issues in a particular area of law are shaped. The principle of
stare decisive means that precedent is highly respected in the law ,but at the same
time legal, societal and technological changes bring new issues before the
courts .These new issues often raise legal question that become the subject of
appeals, and each appellate decision in turn contributes to legal precedent on the
issue. An appellate court’s holding in a case provides the court’s decision, the case
facts that were the basis for the decision, and the judicial reasoning underlying the
decision .The holding servers as a precedent that is then applicable to all similar case
arising in future in the appellate court’s jurisdiction.

In contrast to a trial court’s decision ,which is binding only on the parties to a

particular case , an appellate courts decision serve as precedent that is legallybinding
on a lower courts within its jurisdiction .This means that all lower courts must decide
cases in a manner consistent with the applicable precedent in that jurisdiction.

Appellate court decisions in one jurisdiction also often serve as a source of

guidance to courts in other jurisdiction that are seeking ideas on how to address a
particular legal issues .Because appellate decisions constitute legal precedent that
lower courts in the appellate jurisdiction must adhere to when deciding similar
cases ,appellate courts are thus major sources of public policy on criminal justice
issues.

This creates continuing controversy between those who argue that courts are
deliberative forum that are well positioned to perform policy making ,because
appointed appellate judges are comparatively immune to the political pressure
surrounding elected officials , and others who disagree.Legislators , as a elected
officials as susceptible to influenced by well-organized interest group and lobbyist
and must depend on the favor of a certain proportion of the electorate if they wish
to continue to hold office (see box 15.1 on rose bird).In contrast court are better able
to protect the right of the minority ,which otherwise might be suppressed by
majority rule (Smith 2000).For example the right of individuals who wish to trample
and burn the American flag has been protected by the U.S Supreme Court as a
expression of free speech under the First Amendment (Texas
v.Johnson,1989).Therefor the legal protection of the exercise of free speech is not
contingent on the popularity of the speech or the speaker .Thus the right of civil right
activist to demonstrate and lead protest marches in a protected by the First
Amendment ; but so is the right of extremist white supremacist groups to march and
protest as well.
Critics argue that policy making by courts usurps the legislative function and
that in addiction , courts are not well to suited policy making for a number of a
reasons (Smith ,2000):
 Judges do not have expertise in specific policy issues.
 Courts and consider policy issues only if and when they arise in cases before the
court
 Courts must rule narrowly on the legal issues in a particular case
 Courts cannot rule broadly on matters of policy outside the scope of the specific
issues in a case.