The Power of Appellate Courts

One of the major types of courts in the U.S. court system is appellate courts. By definition, these courts have the power to hear appeals from any lower trial or tribunal court. This is true in most jurisdictions, as well as both state and the U.S. federal court systems. Following is a review of the powers and authority granted to appellate courts by the U.S. and state constitutions:

Titles for Appellate Courts

The federal appellate-level courts are titled the “U.S. Courts of Appeals.” There are 13 in total, each designated to one of the twelve circuits and the final one to oversee federal cases. Bankruptcy Appellate Panels (BAPs) also hear appeals from the district bankruptcy courts, and the U.S. Supreme Court hears select cases from the lower U.S. Courts of Appeals as the Court of Last Resort. 

State court systems, on the other hand, vary in their titling methods for these courts.  Some states have a Court of Appeals, and others may title them as a Court of Errors or Court of Errors and Appeals. It may also be that a state has a supreme court or superior court that hears appeals from lower tribunals. 

Regardless of the title, these courts always hear appeals from lower trial courts that exercise local jurisdiction, such as county and city courts. Many states title their appellate courts as “circuit courts,” which are the same as “superior courts.”  It’s important to be familiar with that particular state’s court system to correctly identify these appeals courts.

Authority Granted to Appellate Courts via Constitutions

Each jurisdiction determines its own limits and powers to be granted to these appellate courts. Some are rather limited, while others may exercise a wide range of powers.  It is generally accepted that both state and federal appellate courts are able to examine the legal applications and determinations by the lower courts; they do not usually hear original arguments and evidence as the lower court did, as this process exists simply to determine the facts of a case. In addition, an appeal will not be able to present new evidence or arguments; only original evidence and theories are applicable.

Federal Appellate Courts: Article I vs. Article III

The U.S. Constitution grants powers to federal appellate-level courts under Article I and Article III. Thus, these courts may be generalized as “Article I tribunals” or “Article III tribunals.” Article I tribunals include those with special jurisdictions over certain agencies such as the Armed Services Board of Contract Appeals, the Board of Patent Appeals and Interferences, the Civilian Board of Contract Appeals, the D.C. Court of Appeals and Superior Court of the District of Columbia, Trademark Trial and Appeal Board, United States Court of Appeals for Veterans Claims, United States Court of Appeals for the Armed Forces, United States Court of Federal Claims, and the United States Postal Service Board of Contract Appeals. These tribunals are created by Congress and have many times been challenged in the U.S. Supreme Court. Thus, the Supreme Court determined that the decisions made in an Article I tribunal may be reviewed by an Article III court.

Article III tribunals include the U.S. Supreme Court, U.S. Courts of Appeals, U.S. District Courts and the U.S. Court of International Trade. The Constitution grants the power to these courts necessary to review disputes calling federal law into question. In addition, judges are appointed for life and never experience a reduction in pay or salary. The U.S. Supreme Court has determined that only Article III tribunals may decide cases which call into question issues surrounding life, liberty and private property rights (with few exceptions).