What Statute Gives Appellate Review of District Court Decisions

A | B | C | D | E | F | G | H | I | J | K | L | One thousand | N | O | P | Q | R | S | T | U | V | Due west

A

Abuse of discretion A legal standard that the Supreme Court uses to make up one's mind whether the Superior Court gauge made a mistake in a decision that involved the approximate'southward discretion. For example, a judge uses discretion to decide whether a witness can bear witness or whether evidence is admitted. Corruption of discretion happens when the Superior Court ruling is capricious, unreasonable or absurd because information technology makes absolutely no sense. Administrative Agency A unit of measurement of government charged with administering particular laws. Some agencies create regulations for specific subject field areas. Others provide special services either to the government or to the people. The Child Support Services Division and the Workers Compensation Lath are examples of administrative agencies. Affidavit A written statement that is signed under the penalty of perjury and sworn to before a person who is officially permitted by law to administer an oath, similar a notary public. Affirm When an appellate court says that the lower court's decision was right. Answer The response filed by a defendant to a complaint in a civil case. Appeal A review by an appellate court of what happened in a trial court or administrative agency to determine if any mistakes of law happened and if the mistakes are significant enough to contrary or remand the decision. Appellant The political party who appeals from the trial court'southward determination. This is the party who lost in the trial courtroom and wants the Supreme Court to contrary or modify the judgment of the trial court. Appellate Having to do with appeals. Appellate Court The courtroom that considers the entreatment of a lower courtroom determination. An appellate court can review the determination of the lower court (called a "trial court" or "Superior Court"). For example, the Alaska Supreme Court reviews the decision of the Superior Court in civil cases. Appellate Court Clerk's Office This is the identify that deals with all paperwork that comes into and out of the Supreme Court and the Courtroom of Appeals. The address is: 303 K Street, 4th flooring, Anchorage, AK 99501-2084. The phone number is: 907-264-0612. Appellate Rules These are the special rules that regulate the practice and procedure in appellate cases. These are also chosen the Rules of Appellate Procedure. The Rules incorporate information near deadlines for filing different documents in the unlike stages of the appeal. They also discuss the format for what the documents should expect like. Appellee The party confronting whom the entreatment is filed and who responds to the entreatment. This is the party who won in the lower courtroom case and generally wants the Supreme Court to concord with the lower courtroom'southward decision. Appellee's cursory The second brief in the series which the Appellee files. It responds to the problems raised in the Appellant's opening brief and sets out the Appellee'southward argument that the lower courtroom'due south conclusion is correct. Appendix Department of the cursory that contains the property partition issues in a divorce. It lists the parties' assets and debts as shown in the Superior Courtroom record and includes the Superior Court's findings every bit to the type of property (marital or private), value of the property, and who got each detail or property or debt. Statement Section of the brief that explains your side of the example. The appellant uses this department to show how the trial court made a mistake in deciding the case, addressing each point raised in the Notice of Appeal. The appellee uses this section to respond to the appellant's arguments, and show why the trial court conclusion is correct. Attorney A person who is authorized to act formally for some other person. The two most common means you'll hear this word used is for an attorney-at-police and a ability-of-chaser. Attorneys-at-Law are lawyers, who are specially licensed and trained. A power-of-attorney is a trusted person you take authorized in a special way to handle selected business and personal diplomacy for y'all. Attorney'southward fees If the party who wins the appeal is represented past an attorney, the Supreme Courtroom may guild the losing party to pay all or part of the chaser's fees. Authorities principally relied upon Section of the brief that shows the exact language from the authorities that yous rely on in your brief. This includes the important statutes, regulations, ramble provisions, court rules, or ordinances.

B

Return to top Bill of costs Form that the winning party files at the end of the appeal that lists all the costs involved in the entreatment and verifies what they were. Bond A written pledge issued for a fee past a bonding company to the appellant that guarantees payment if a future event happens. Bonding companies will make good up to the amount of the bail if the party fails to do what the bond guarantees. Brief A written argument that each side gives to the Supreme Court that explains why the Court should decide that they are right. A cursory presents a party's arguments well-nigh the issues on appeal and cites to legal regime (such as statutes, rules or case police) to support their positions. The Appellant argues why the trial court'south determination was an fault or mistake; the Appellee argues why the trial court's decision was correct.

C

Render to top Example law Legal propositions that are based on judicial decisions and precedents rather than on statutes. Y'all can read published decisions in Reporters. Instance Managers The people who work at the Appellate Court Clerk's Office who are assigned to piece of work on a specific appeal from start to finish. The case managing director is your point of contact in the Clerk'due south Office. Certificate of Distribution A written, dated and signed argument from a courtroom clerk of the date that the certificate was sent to the parties which is ordinarily found at the bottom of a courtroom gild or judgment. You lot start counting when the Discover of Appeal is due from the engagement in the certificate of distribution of the trial court'due south judgment. Document of Service A statement by a party proverb how and when yous served the other political party a legal document that you filed in courtroom. The Appellate Rules crave that you ship a copy to each opposing party of any document or brief that you file with the courtroom. This is sometimes called a Proof of Service. The certificate of service is found on the bottom of the forms on this website or yous tin utilise a separate certificate of service form. Citation A reference to a legal authority such as a case that has already been decided by a courtroom, a statute, or the Alaska or Usa Constitution. This can also be a reference to the excerpt of tape, record or the transcript in the case. Civil instance A case to protect the private right of a person or to compel some blazon of solution in a dispute between parties. These cases unremarkably involve family law problems, money damages or equitable relief (e.one thousand., injunction or specific performance). Complaint The starting time document the plaintiff filed in the trial court stating his or her claim(southward) against the accused. Concurring Opinion An opinion that agrees with the outcome reached past the majority of the justices in the case, but for different reasons. A case may have one or more concurring opinions. Cost bond $750 bail appellant must file in the Appellate Clerk'southward Office with the Detect of Appeal to embrace the appellee's costs of defending the appeal. If appellant wins, the Clerk'south Office will refund the money. If the appellant loses, the appellee will have their costs covered from the cost bond. If you cannot afford the cost bond, y'all may request to waive it past filing a special form called Request for Waiver of Filing Fee or Cost Bond. Costs (1) Fees and charges that a political party pays to file and present a court example or to enforce a judgment;(2) money that may be awarded to the party who wins the appeal to pay for expenses such as filing fees, bond fees, transcript preparation costs, copying costs or mailing costs. Court of Appeals The first level appeals courtroom for criminal cases in Alaska. The Court of Appeals hears simply appeals of criminal cases and all criminal appeals have the right to be heard in the Courtroom of Appeals. Criminal example A case dealing with a violation of Alaska's criminal laws. Cross-appeal An entreatment brought past the appellee against the appellant later on the appellant has already filed an entreatment. To cross-appeal, the appellee needs to file the same documents and follow the same process that the appellant files to start the appeal. However, the deadlines and requirements to file appeal briefs may be different with cross-appeals. Cross-appellant The party who files the cantankerous-appeal. The cantankerous-appellant is also the appellee in the original appeal. Cross-appellee The party whom the cross-appeal is filed confronting. The cross-appellee is commonly too the appellant in the original entreatment.

D

Return to superlative Determination A courtroom'south judgment, gild or prescript that settles a dispute and decides an issue. Decree A court decision, usually at the finish of a case when all problems are decided. Defendant The person beingness sued by the plaintiff in a civil case or the person charged with a crime in a criminal case. De novo The standard of review used by the appellate courts when because questions of police force. The court considers the issues by taking a fresh look at the example and do not defer to the lower court'due south decision. In Latin, novo means "new." Designation of Transcript A form that is filed at the start of the entreatment that provides data about whether you lot will file a fractional or whole transcript or none at all. Dissent This is what happens when a justice or a minority of the Supreme Court does not agree with the opinion of the majority of the Court. The justices who dissent write a dissenting opinion that expresses their viewpoint but does not determine what the parties ultimately have to exercise. District Court A trial court of limited jurisdiction. For more information, visit the Alaska Courtroom System webpage. Docketing Statement A required class that is filed at the beginning of the appeal. Information technology contains information about the parties, the lower court proceeding, and the last judgment that you are highly-seasoned so the Supreme Court tin can determine whether it has jurisdiction over the entreatment.

E

Return to meridian Emergency Movement A special move used when a party asks the Supreme Court for quick consideration of a motion because it is necessary to avoid irreparable harm and relief is needed quicker than would normally exist required for the court to receive and consider a response. Appellate Dominion 504 is the special rule that discusses these motions. Enforce To take legal steps to make sure someone complies with a judgment. Evidence Any proof legally presented at a trial or hearing through witnesses, records, and/or exhibits. Extract of Record Each party selects the almost important documents from the lower courtroom record in the case and puts them together in what is called the "extract of record." The excerpt makes information technology easy for the Supreme Court to find the important documents in the case. Exhibit A newspaper, document or other physical object received by the lower court as evidence during a trial.

OR

A document or an object shown and identified in court every bit evidence in a example.

Expedited Appeals The court will expedite (speed up) cases involving issues of child custody, support, visitation, adoption, paternity, determination that a kid is in need of services, termination of parental rights, and all other appeals entitled to priority past the Appellate Rules or statute.

F

Return to pinnacle Fee waiver Permission not to pay the court's filing fees. If you have a very low income, you tin can enquire the clerks in the Appellate Clerk's Office for a fee waiver form. File When a person officially gives a paper to a courtroom clerk and that paper becomes part of the record of a case. Filing fee The court is required to accuse a filing fee for certain types of cases. The fee for an entreatment is $250. If you cannot beget the fee, you may request to start your case for costless by filing a special form called Request for Waiver of Filing Fee or Toll Bail. Final Judgment Final decision by the trial court. This judgment resolves all of the bug that were presented in the trial court or administrative bureau. Finding When a judge or jury says something is a fact.

G

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H

Render to top Hearing A formal courtroom proceeding with the judge and opposing sides present, but no jury.

I

Return to top Interlocutory Review Similar to an appeal, but filed earlier the trial courtroom has entered its final club in the case. If yous want the Supreme Courtroom to hear an issue before the lower court has fabricated a final judgment, y'all ask the court to do so by filing a petition for review.

J

Render to meridian Judge An official of the judicial branch of government with authority to decide lawsuits brought before courts. The term "judge" may as well refer to all judicial officers, including Supreme Court justices. Judgment A terminal ruling in a civil or criminal example that tin be appealed to the appellate courts. A judgment resolves the cardinal questions in a lawsuit and determines the rights and obligations of the opposing parties. Jurisdiction The authority or power the court has to human action or hear a case and make a determination. Jurisdictional Argument Section of the cursory that shows the court in that location is a terminal judgment from the trial court which is being appealed. It states:

• the proper noun of the trial court
• the name of the trial court estimate
• the engagement of the final judgment which is listed on the document of distribution of the trial court judgment or decision that y'all are appealing. This is usually found at the bottom of the judgment and signed or initialed by a clerk.

Justice Estimate of the Supreme Courtroom. The Alaska Supreme Courtroom has v justices.

K

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50

Render to peak Lawyer A person licensed to practice law. You may contact the Alaska Bar Association to find out if a person is licensed in Alaska. Every state has a Bar Association, which tin provide a lot of useful data about the lawyers in its country. Lawsuit A legal dispute brought to a trial courtroom for resolution. Log notes Written notes that summarize what was said during courtroom hearings and trial. These notes are not exact transcripts of what the parties, their attorneys, witnesses or the judge said. Instead, the log notes are brief notes of what was said from start to stop. They are included in court files. Lower court The court where a case starts. This is usually the Superior Court, although it tin can as well be the District Court.

K

Return to height Majority opinion The written, published opinion by the majority of the justices on an appeal. The justices who disagree prepare a dissenting opinion. Justices fix a concurring opinion when they agree with the result of the majority opinion just disagree with the reasoning. Memorandum Social club and Judgment (MOJ) A summary written order that ends a Supreme Court appeal. This type of decision is binding on the parties involved because information technology states their rights and obligations every bit to the issues on entreatment. All the same, dissimilar an opinion, it has no precedential value and cannot exist cited as say-so in other cases. Motion The document a political party files to enquire the Supreme Court to do something or to permit one of the parties to exercise something. For example, a political party may file a motility for an extension of time to prepare a cursory. Filing a motion is the first stride in the process called motion practice, which is controlled by Appellate Rule 503. Motion for afterthought This motion is filed when a political party wants the Supreme Court to reconsider an order it made. A Motion for Reconsideration must exist filed inside ten days later the engagement of the notice of the order. Appellate Rule 503(h) discusses this type of motility. Motion practice The process you must utilise to make written requests to the Supreme Courtroom. Starting time, the movant files a motion. And so the opposing party files an opposition. Afterwards reviewing both, the court will make a decision on the motion. See Appellate Rule 503 for more information. Movant The party who files a motion that asks the court for something.

N

Return to pinnacle Notary public A person authorized under ceremonious law to administer oaths, to certify that sure documents are authentic, and to accept depositions. Yous tin can sign an affidavit in front of a notary public and show your identification and they will notarize the document for you. Notice of Appeal A certificate filed in the Supreme Court that states yous are highly-seasoned the lower courtroom's terminal judgment. This document starts the entreatment.

O

Return to height Adjuration All people must swear or affirm to tell the truth if they want their statement or testimony to exist considered as prove. All written statements must exist submitted as affidavits to be considered by the court every bit bear witness. Opening brief The first brief in the appellate example which the Appellant files. The opening brief sets out the history of the case, explains to the Supreme Court the mistake or error the trial court made in its determination, and argues why the Supreme Court should opposite that decision. Opinion The written, published decision of the Supreme Court, including the reasons for the determination and the facts on which the decision was based. Opposition The proper name of the paper you lot file in response to the other political party's movement. An opposition is the second step in the process chosen motion exercise, and is controlled by Appellate Rule 503(d) . Oral Argument The oral presentation of a party's point of view regarding an entreatment. Parties must request oral argument and the court will schedule it if either party requests it. Appellate Rules 213 and 505 discusses oral argument. Order A written or oral decision by a courtroom or authoritative bureau that resolves a matter and/or directs the parties to practice something. Information technology is normally the court's decision on the request fabricated in a motion. Original application for relief A request made to the Supreme Court to consider a case or issue that is used when no other category applies. This means that the usual ways to have the Supreme Court hear a case (by filing an entreatment, a petition for hearing or a petition for review) do non employ.

P

Return to meridian Party The technical legal word for the people who are part of a courtroom case and have a right to enquire the court to make a decision on a dispute. At the trial level, the parties are typically called the plaintiff or petitioner and the defendant or respondent. On appeal, parties are called the appellant and appellee. Perjury Deliberately lying or giving false, misleading, or incomplete testimony under adjuration. Personal service Personal commitment of court papers by handing a copy to the person who is served. Procedure servers deliver court papers for a fee. Petition Document that asks the courtroom to something, usually to start a case in specific types of proceedings that is similar to a complaint. In ceremonious cases petitions are used to request domestic violence protective orders and dissolutions. In appeals, there are petitions for rehearing and review. Petition for hearing A request to the Supreme Court to review an appellate conclusion from a lower appellate court. These are usually filed but in criminal cases. Petition for rehearing A request to the Supreme Courtroom to rehear a matter that the Court decided. Appellate Rule 506 discusses the ground for this petition. Petition for review A request to the Supreme Courtroom to review an order issued by the lower court before in that location is a final judgment in the lower court case. Appellate Dominion 403 discusses the basis for this petition. Petitioner The person who starts a example that uses a petition rather than a complaint to start the case. This person is the petitioner for every bit long every bit the case is open. Plaintiff In a civil example, the party who starts a lawsuit past filing a complaint. In a criminal case, the State of Alaska or the governmental entity that is bringing the example is the plaintiff. Pleading Written argument filed with the courtroom usually in the beginning of the instance that describes a party's legal or factual claims about the case and what the party wants from the court. These are commonly called complaints and answers. Precedent A published court opinion in an earlier case with facts and legal problems similar to the dispute currently before a court. Judges will generally "follow precedent," meaning that they use the principles established in before cases to make up one's mind new cases dealing with similar facts and legal issues. A judge will overlook precedent if a party tin show that the before case was decided incorrectly or that it differed in some significant way from the electric current case. In Alaska, you cannot cite MOJs because they take no precedential value. Prevailing party The party who wins a court case. Procedure The rules for conducting a lawsuit. In that location are special procedural rules for different kinds of cases such as appeals, ceremonious and criminal cases. Process server A person who is hired to serve court papers on a political party to a lawsuit. Proof of service The form or role of a grade (usually plant at the end) filed with the courtroom that certifies that court papers were formally served on (delivered to) a party in a courtroom action on a certain date. Pro se A person who does not have an attorney and is representing themself in a instance. Another give-and-take for pro se is "pro per."

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R

Return to tiptop Rebuttal At oral argument, after the appellee argues, the appellant may reserve time for a closing argument to address topics discussed previously during the statement. Record on appeal All of the paperwork filed in the lower courtroom which the Supreme Court volition review in the appeal. This normally includes pleadings, movement papers, evidence, exhibits, orders and the final judgment from the example. Remand When an appellate court sends a instance back to the lower courtroom for further proceedings. Reply cursory This brief is the tertiary brief in the appellate example that the appellant may file. The answer brief addresses issues that were raised previously in either the appellant's opening brief or appellee's brief, just should not raise any new issues. Simply the appellant may file a reply cursory; the appellee cannot file a reply cursory. Reporter Legal book of published opinions issued by the Alaska Supreme Court. There are two different reporters that comprise Alaska Supreme Courtroom opinions: the Alaska Reporter and the Pacific Reporter. The Alaska Reporter contains just opinions from the Alaska Supreme Courtroom. The Pacific Reporter contains decisions of the Supreme Courts of the pacific states, including Alaska. Contrary When an appellate court sets aside the decision of a lower court. A reversal may be accompanied by a remand to the lower courtroom for further proceedings. Respondent The person who responds to the filing of a petition. Rules of Appellate Process These are the special rules that regulate the practice and process in appellate cases. These are too called the Appellate Rules. The Rules contain information about deadlines for filing different documents in the different stages of the entreatment. They as well discuss the format for what the documents should look similar.

S

Return to top Serve To evangelize legal papers to the opposing party either by mail or personal service co-ordinate to the Appellate Rules. Also called service of process. You need to tell the court how y'all served the other side with ever document filed past filling out a certificate of service grade. The document of service is plant on the bottom of the forms on this website or yous tin use a separate certificate of service form. Service of process The delivery of legal papers to the opposing party. Slip stance

A slip opinion is the final written determination of the Supreme Court that will be published in a book called a Reporter. Slip opinions and published opinions have precedential value. This means that you can cite to the case that the opinion was written about in legal documents such as entreatment briefs and motions to support an issue you are arguing in your case.

Standard of review The standard of review is how much weight (or deference) the Supreme Courtroom gives to the Superior Court's conclusion when reviewing the determination on entreatment. There are different standards of review for different kinds of decisions. A cursory contains a section called "standard of review" where the appellant and appellee each state the standard(s) that the Supreme Court should use in reviewing the issues on appeal. Argument of the Case Section of the cursory that contains both a statement of the of import facts and a clarification of the of import proceedings that happened in the lower court. Statement of Issues Presented for Review Section of the brief that lists all of the issues that the Supreme Court needs to decide in the entreatment. Statement of Points on Entreatment A course that is filed at the start of the appeal where the Appellant states the issues that they are appealing. Your entreatment will merely deal with the issues you lot enhance in the Argument of Points on Entreatment. This ways that the Appellant's appeal brief(south) and the oral argument will only discuss those specific issues. Statute A law passed by the Alaska Legislature Stay pending entreatment A court order which temporarily suspends courtroom proceedings or the effect of a judgment. Initiating an appeal does non cease the other party from enforcing a trial courtroom judgment. Instead you must file a motion to stay enforcement of judgment awaiting entreatment in the lower courtroom if you lot want an order staying the effect of the judgment in a civil example. Or instead of a motion for stay, you can ask the Superior Court to corroborate a supersedeas bail. Supersedeas Bond When a party appeals a money judgment against them, filing the entreatment will non cease the other party from taking action to collect the judgment while the appeal is pending. In order to stop the other side from collecting a money judgment, the appellant may file a motion for stay of execution in the lower court or pay a supersedeas bail. This bond guarantees that the appellant will pay the appellee if the appellant loses the entreatment. Appellate Rule 204(d) discusses supersedeas bonds. Superior Courtroom The trial courtroom of general jurisdiction for civil and criminal cases in Alaska. This court handles domestic relations cases such every bit divorce, dissolution, custody and child support. The Superior Courtroom serves as the appellate court for appeals from district court cases and administrative agency decisions. Superior Court Record The Superior Courtroom file, which includes the papers and motions filed in the Superior Court, orders issued by the judge, the exhibits and the electronic record of proceedings. Supreme Court The highest courtroom in the State of Alaska. The Supreme Court consists of five justices. The Supreme Courtroom hears all civil appeals and some criminal matters that the justices cull to hear.

T

Return to top Table of Authorities Section of the brief that lists all of the cases, statutes and other authorities that you cite in your brief and the page(southward) on which each say-so is found in the brief. Testimony The words spoken during a court proceeding by witnesses that is prove. Transcript Written version of everything that was said by the parties, the judge and whatsoever witnesses at the trial or hearings in the case. It is made from a recording of the proceeding. Yous can purchase a CD of a proceeding from the court. To get a transcript, you lot must hire a transcriber who will listen to the recording and write up everything that was said. Trial A court process where the estimate and/or jury hears the legal and factual issues presented by both parties and makes a conclusion co-ordinate to the police. The trial tin can be either before simply a judge, or before a judge and jury, depending on the example type. Trial courtroom The lower court where the case starts which is usually the Superior Court. This court decides the facts and law in the case. The trial court's decision is the ane that y'all entreatment to the Supreme Court.

U

Render to top United States Supreme Court Located in Washington, D.C., it is the highest court in the U.s.; the U.S. Supreme Court has terminal appellate jurisdiction and has jurisdiction over all other courts in the nation.

V

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W

Return to top Waiver of filing fee or price bail The special form you may file if you cannot afford the filing fee and/or the toll bond to ask the Supreme Court to allow you lot to start the appeal without paying. Witness A person called past a political party to speak in court under oath almost what he or she knows or has observed that is relevant to the case. There are no witnesses used in appeals.

Rev. 7 November 2018
© Alaska Court System

www.courts.alaska.gov
Contact United states

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Source: http://www.courts.alaska.gov/shc/appeals/appealsglossary.htm

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