NCJ Number
73173
Journal
Law and Society Review Volume: 14 Issue: 3 Dated: (Spring 1980) Pages: 629-661
Date Published
1980
Length
33 pages
Annotation
The literature on appeal is reviewed, with emphasis on appeal's significance for political regimes rather than individual litigants.
Abstract
The political function of the hierarchy of appeal courts is examined. The concentration of ultimate appeal decisionmaking at the top jurisdictional political level is described as a way of influencing the citizenry to view the central regime as the final and most powerful source of benevolent intervention. A variant on the universal use of appeal to influence citizens is its use to integrate overseas empires and federal states. The imperial and federal variants highlight the function of appeal in creating political unity more than doctrinal uniformity. Two basic forms of appellate proceedings are encountered in the various legal systems of the world. One is trial de novo, in which the appellate court reexamines all the evidence and legal arguments advanced in the initial trial. The second is appeal on the record, in which the court reviews only questions of law, leaving questions of fact to the trial judge and/or jury. Ways in which these forms of appellate proceedings affect the political consequences of appeal are examined. The political aspects of common law review and appeals from administrative agencies are also explored. Finally, two ideal types of appellate court models are constructed. References are provided.