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States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-96-327-N) Argued: December 3, 1997 Decided: December 30, 1997 Before WILKINSON, Chief Judge, MOTZ, Circuit Judge, and WILSON, Chief United States District Judge for the Western District of Virginia, sitting by designation. Affirmed by unpublished per curiam opinion.
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Sixtymile FAQ
Appellate court. Appellate courts are the part of the judicial system that is responsible for hearing and reviewing appeals from legal cases that have already been heard in a trial-level or other lower court.
It is important to first understand that appeals can be “as of right” or discretionary. Appeals can also be collateral or direct in nature.
Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.
The court is headquartered and normally hears oral arguments in Richmond, Virginia. The court also hears arguments at various law schools within the circuit on a periodic basis.
The appellate court is the court that hears the appeal of a trial court's decision. In the information in this section, the term "appellate court" is used to refer to the Court of Appeal or the appellate division of the superior court. The "trial court" is the court that made the decision you are appealing.
Federal appeals are decided by panels of three judges. The appellant presents legal arguments to the panel, in a written document called a “brief.” In the brief, the appellant tries to persuade the judges that the trial court made an error, and that the lower decision should be reversed.
In 1981, the Fifth Circuit Court of Appeals Reorganization Act divided the court and created a new circuit. The judicial districts of Mississippi, Louisiana, Texas, and the Canal Zone remained with the Fifth Circuit, while the judicial districts in Alabama, Georgia, and Florida became part of the new Eleventh Circuit.
The courts of appeals, and the lower courts and specific other bodies over which they have appellate jurisdiction, are as follows: First Circuit (Boston) Second Circuit (New York City) Third Circuit (Philadelphia) Fourth Circuit (Richmond) Fifth Circuit (New Orleans)
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