A Party That Wants the Supreme Court to Review a Lower Court Ruling Must

A | B | C | D | E | F | One thousand | H | I | J | K | 50 | One thousand | Northward | O | P | Q | R | S | T | U | V | Westward

A

Abuse of discretion A legal standard that the Supreme Court uses to decide whether the Superior Court judge made a mistake in a conclusion that involved the guess's discretion. For example, a judge uses discretion to make up one's mind whether a witness tin can testify or whether evidence is admitted. Abuse of discretion happens when the Superior Court ruling is capricious, unreasonable or absurd because it makes absolutely no sense. Administrative Bureau A unit of government charged with administering particular laws. Some agencies create regulations for specific subject field areas. Others provide special services either to the authorities or to the people. The Child Support Services Partitioning and the Workers Bounty Board are examples of authoritative agencies. Affidavit A written statement that is signed under the penalty of perjury and sworn to before a person who is officially permitted past law to administrate an adjuration, similar a notary public. Affirm When an appellate court says that the lower court's determination was right. Answer The response filed by a defendant to a complaint in a ceremonious 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 plenty to reverse or remand the determination. Appellant The party who appeals from the trial court's decision. This is the party who lost in the trial court and wants the Supreme Court to contrary or modify the judgment of the trial court. Appellate Having to exercise with appeals. Appellate Court The courtroom that considers the appeal of a lower court decision. An appellate court tin can review the decision of the lower courtroom (called a "trial courtroom" 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 place that deals with all paperwork that comes into and out of the Supreme Court and the Court of Appeals. The accost is: 303 Thousand Street, 4th flooring, Anchorage, AK 99501-2084. The phone number is: 907-264-0612. Appellate Rules These are the special rules that regulate the practise and procedure in appellate cases. These are also called the Rules of Appellate Procedure. The Rules contain information about deadlines for filing dissimilar documents in the different stages of the appeal. They also discuss the format for what the documents should look like. Appellee The party against whom the appeal is filed and who responds to the entreatment. This is the party who won in the lower court instance and generally wants the Supreme Court to agree with the lower courtroom'due south decision. Appellee'southward brief The 2nd brief in the serial which the Appellee files. It responds to the issues raised in the Appellant's opening brief and sets out the Appellee's argument that the lower court'due south decision is right. Appendix Section of the cursory that contains the holding sectionalisation bug in a divorce. It lists the parties' assets and debts equally shown in the Superior Court record and includes the Superior Court's findings equally to the blazon of property (marital or individual), value of the belongings, and who got each item or property or debt. Argument Section of the cursory that explains your side of the case. The appellant uses this department to show how the trial court made a mistake in deciding the case, addressing each signal raised in the Discover of Entreatment. The appellee uses this section to respond to the appellant's arguments, and show why the trial court determination is correct. Chaser A person who is authorized to deed formally for another person. The 2 nearly mutual ways y'all'll hear this word used is for an attorney-at-police and a power-of-attorney. Attorneys-at-Law are lawyers, who are specially licensed and trained. A power-of-attorney is a trusted person y'all have authorized in a special fashion to handle selected business organisation and personal affairs for you. Attorney'due south fees If the party who wins the entreatment is represented by an attorney, the Supreme Court may social club the losing party to pay all or office of the chaser's fees. Authorities principally relied upon Section of the cursory that shows the verbal language from the authorities that you rely on in your brief. This includes the important statutes, regulations, constitutional provisions, court rules, or ordinances.

B

Return to top Bill of costs Form that the winning party files at the end of the entreatment that lists all the costs involved in the appeal and verifies what they were. Bond A written pledge issued for a fee by a bonding company to the appellant that guarantees payment if a future result happens. Bonding companies will make good up to the corporeality of the bond if the party fails to do what the bail guarantees. Cursory A written statement that each side gives to the Supreme Court that explains why the Courtroom should make up one's mind that they are right. A brief presents a party'southward arguments about the issues on entreatment and cites to legal authorities (such every bit statutes, rules or example police) to support their positions. The Appellant argues why the trial court's determination was an error or mistake; the Appellee argues why the trial court'due south decision was correct.

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Return to top Case law Legal propositions that are based on judicial decisions and precedents rather than on statutes. Yous tin read published decisions in Reporters. Instance Managers The people who work at the Appellate Court Clerk'southward Office who are assigned to work on a specific appeal from first to finish. The case manager is your point of contact in the Clerk's Office. Certificate of Distribution A written, dated and signed statement from a court clerk of the appointment that the document was sent to the parties which is usually establish at the bottom of a court gild or judgment. You starting time counting when the Detect of Appeal is due from the appointment in the document of distribution of the trial court'southward judgment. Certificate of Service A argument by a party maxim how and when you served the other political party a legal document that you filed in courtroom. The Appellate Rules require that you send a copy to each opposing party of any document or brief that you lot file with the court. This is sometimes chosen a Proof of Service. The certificate of service is establish on the bottom of the forms on this website or you tin utilise a separate certificate of service grade. Commendation A reference to a legal dominance such equally a example that has already been decided by a court, a statute, or the Alaska or United states of america Constitution. This can also be a reference to the excerpt of record, record or the transcript in the case. Civil case A case to protect the private right of a person or to compel some type of solution in a dispute between parties. These cases usually involve family police issues, coin damages or equitable relief (eastward.g., injunction or specific functioning). Complaint The first document the plaintiff filed in the trial court stating his or her claim(s) against the defendant. Concurring Stance An stance that agrees with the outcome reached by the majority of the justices in the case, simply for different reasons. A case may have ane or more concurring opinions. Cost bond $750 bond appellant must file in the Appellate Clerk's Part with the Notice of Entreatment to cover the appellee'southward costs of defending the appeal. If appellant wins, the Clerk's Office will refund the money. If the appellant loses, the appellee volition have their costs covered from the cost bond. If you cannot beget the cost bond, you may request to waive it by filing a special form called Request for Waiver of Filing Fee or Price Bond. Costs (one) Fees and charges that a political party pays to file and present a court case 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 grooming costs, copying costs or mailing costs. Court of Appeals The first level appeals courtroom for criminal cases in Alaska. The Court of Appeals hears only appeals of criminal cases and all criminal appeals have the right to be heard in the Court of Appeals. Criminal case A case dealing with a violation of Alaska'south criminal laws. Cantankerous-entreatment An appeal brought by the appellee against the appellant afterwards the appellant has already filed an entreatment. To cross-appeal, the appellee needs to file the same documents and follow the aforementioned procedure that the appellant files to start the appeal. Even so, the deadlines and requirements to file appeal briefs may be different with cross-appeals. Cross-appellant The party who files the cross-appeal. The cross-appellant is also the appellee in the original appeal. Cross-appellee The party whom the cross-appeal is filed against. The cross-appellee is usually also the appellant in the original entreatment.

D

Return to peak Decision A court's judgment, order or decree that settles a dispute and decides an issue. Prescript A court decision, ordinarily at the end of a example when all issues are decided. Defendant The person beingness sued past the plaintiff in a civil case or the person charged with a criminal offense in a criminal example. De novo The standard of review used past the appellate courts when because questions of law. The courtroom considers the bug by taking a fresh await at the case and do not defer to the lower courtroom's decision. In Latin, novo means "new." Designation of Transcript A form that is filed at the commencement of the appeal that provides information virtually whether yous 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 non agree with the stance of the bulk of the Court. The justices who dissent write a dissenting opinion that expresses their viewpoint but does not decide what the parties ultimately take to practice. District Court A trial court of limited jurisdiction. For more than information, visit the Alaska Court System webpage. Docketing Statement A required class that is filed at the start of the entreatment. Information technology contains data well-nigh the parties, the lower courtroom proceeding, and the final judgment that you are appealing so the Supreme Court tin determine whether information technology has jurisdiction over the entreatment.

E

Return to summit Emergency Motion A special motion used when a party asks the Supreme Court for quick consideration of a motion considering it is necessary to avoid irreparable impairment and relief is needed quicker than would normally be required for the court to receive and consider a response. Appellate Rule 504 is the special dominion 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. Excerpt of Record Each party selects the well-nigh important documents from the lower court record in the case and puts them together in what is called the "excerpt of tape." The extract makes it like shooting fish in a barrel for the Supreme Court to find the important documents in the example. 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 instance.

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

F

Return to top Fee waiver Permission not to pay the court's filing fees. If you have a very low income, you can ask the clerks in the Appellate Clerk'southward Office for a fee waiver form. File When a person officially gives a paper to a court clerk and that paper becomes part of the record of a case. Filing fee The court is required to charge a filing fee for certain types of cases. The fee for an appeal is $250. If you lot cannot beget the fee, you may asking to offset your case for gratis past filing a special grade called Request for Waiver of Filing Fee or Cost Bond. Final Judgment Final decision by the trial courtroom. This judgment resolves all of the issues that were presented in the trial court or authoritative agency. Finding When a guess or jury says something is a fact.

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H

Return to pinnacle Hearing A formal court proceeding with the judge and opposing sides nowadays, only no jury.

I

Return to height Interlocutory Review Similar to an entreatment, but filed before the trial courtroom has entered its final order in the case. If you lot want the Supreme Court to hear an upshot before the lower courtroom has fabricated a final judgment, you inquire the court to practice so by filing a petition for review.

J

Return to top Judge An official of the judicial branch of government with dominance to decide lawsuits brought before courts. The term "approximate" may likewise refer to all judicial officers, including Supreme Court justices. Judgment A final ruling in a civil or criminal example that tin be appealed to the appellate courts. A judgment resolves the central questions in a lawsuit and determines the rights and obligations of the opposing parties. Jurisdiction The potency or ability the court has to act or hear a case and make a determination. Jurisdictional Argument Section of the brief that shows the court in that location is a last judgment from the trial court which is being appealed. It states:

• the name of the trial court
• the name of the trial court approximate
• the date of the final judgment which is listed on the certificate of distribution of the trial courtroom judgment or determination that yous are appealing. This is usually found at the bottom of the judgment and signed or initialed by a clerk.

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

K

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L

Return to top Lawyer A person licensed to practise police force. Y'all may contact the Alaska Bar Clan to find out if a person is licensed in Alaska. Every state has a Bar Association, which can provide a lot of useful information about the lawyers in its country. Lawsuit A legal dispute brought to a trial court for resolution. Log notes Written notes that summarize what was said during court 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 cursory notes of what was said from start to end. They are included in court files. Lower court The court where a case starts. This is ordinarily the Superior Courtroom, although it tin also be the Commune Court.

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Return to top Majority opinion The written, published opinion past the majority of the justices on an appeal. The justices who disagree ready a dissenting opinion. Justices set up a concurring opinion when they agree with the result of the majority opinion merely disagree with the reasoning. Memorandum Order and Judgment (MOJ) A summary written order that ends a Supreme Courtroom appeal. This type of conclusion is binding on the parties involved because it states their rights and obligations as to the problems on appeal. However, unlike an opinion, it has no precedential value and cannot be cited as authorization in other cases. Move The document a party files to ask the Supreme Court to do something or to let one of the parties to do something. For instance, a party may file a motion for an extension of time to set up a brief. Filing a motility is the first step in the process called motion practice, which is controlled by Appellate Rule 503. Motion for reconsideration This motion is filed when a party wants the Supreme Court to reconsider an guild it made. A Motion for Reconsideration must be filed inside ten days subsequently the date of the notice of the order. Appellate Dominion 503(h) discusses this blazon of motion. Motion do The process you lot must use to brand written requests to the Supreme Court. First, the movant files a move. Then the opposing party files an opposition. After reviewing both, the court will make a decision on the motion. Run across Appellate Rule 503 for more data. Movant The party who files a motion that asks the court for something.

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Return to top Notary public A person authorized nether ceremonious law to administer oaths, to certify that certain documents are authentic, and to take depositions. You can sign an affidavit in front of a notary public and show your identification and they will notarize the document for you. Find of Entreatment A document filed in the Supreme Court that states you are highly-seasoned the lower court's concluding judgment. This document starts the entreatment.

O

Return to top Oath All people must swear or affirm to tell the truth if they want their statement or testimony to be considered as bear witness. All written statements must be submitted as affidavits to exist considered by the courtroom as prove. Opening brief The first brief in the appellate case which the Appellant files. The opening brief sets out the history of the case, explains to the Supreme Court the fault or mistake the trial court fabricated in its decision, and argues why the Supreme Court should reverse that conclusion. Opinion The written, published determination of the Supreme Court, including the reasons for the decision and the facts on which the decision was based. Opposition The name of the newspaper you file in response to the other party'south motion. An opposition is the second step in the process chosen motion practice, and is controlled by Appellate Dominion 503(d) . Oral Argument The oral presentation of a party's point of view regarding an appeal. Parties must request oral argument and the courtroom will schedule it if either political party requests it. Appellate Rules 213 and 505 discusses oral argument. Guild A written or oral decision by a court or administrative agency that resolves a thing and/or directs the parties to practice something. It is normally the courtroom's determination on the request made in a move. Original application for relief A request made to the Supreme Courtroom to consider a case or outcome 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) exercise not utilize.

P

Return to top Party The technical legal word for the people who are part of a court case and have a right to ask the court to make a decision on a dispute. At the trial level, the parties are typically called the plaintiff or petitioner and the accused or respondent. On appeal, parties are called the appellant and appellee. Perjury Deliberately lying or giving false, misleading, or incomplete testimony under oath. Personal service Personal delivery of court papers by handing a copy to the person who is served. Process servers deliver court papers for a fee. Petition Certificate that asks the court to something, usually to starting time a example in specific types of proceedings that is like to a complaint. In civil 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 decision from a lower appellate court. These are usually filed only in criminal cases. Petition for rehearing A asking 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 Court to review an order issued past the lower court before there is a final judgment in the lower court case. Appellate Rule 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 instance. This person is the petitioner for as long as the example is open. Plaintiff In a ceremonious case, the political party who starts a lawsuit by filing a complaint. In a criminal case, the State of Alaska or the governmental entity that is bringing the case is the plaintiff. Pleading Written statement filed with the court usually in the beginning of the case that describes a party'due south legal or factual claims most the example and what the party wants from the court. These are ordinarily called complaints and answers. Precedent A published court opinion in an earlier example with facts and legal issues similar to the dispute currently before a court. Judges volition generally "follow precedent," meaning that they utilize the principles established in earlier cases to decide new cases dealing with like facts and legal problems. A approximate will overlook precedent if a party can evidence that the before case was decided incorrectly or that it differed in some significant way from the current example. In Alaska, yous cannot cite MOJs considering they have no precedential value. Prevailing party The political party who wins a court case. Procedure The rules for conducting a lawsuit. There are special procedural rules for unlike kinds of cases such equally appeals, civil and criminal cases. Process server A person who is hired to serve court papers on a party to a lawsuit. Proof of service The form or office of a form (usually found at the stop) filed with the court that certifies that court papers were formally served on (delivered to) a party in a court activeness on a certain engagement. Pro se A person who does not accept an attorney and is representing themself in a case. Another word for pro se is "pro per."

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R

Return to height Rebuttal At oral statement, after the appellee argues, the appellant may reserve fourth dimension for a closing argument to address topics discussed previously during the argument. Record on entreatment All of the paperwork filed in the lower court which the Supreme Courtroom will review in the appeal. This normally includes pleadings, motility papers, evidence, exhibits, orders and the terminal judgment from the instance. Remand When an appellate courtroom sends a case back to the lower court for further proceedings. Reply brief This brief is the third cursory in the appellate case that the appellant may file. The respond cursory addresses issues that were raised previously in either the appellant's opening brief or appellee'southward brief, just should not heighten any new issues. Only the appellant may file a respond brief; the appellee cannot file a reply brief. Reporter Legal book of published opinions issued by the Alaska Supreme Courtroom. There are two dissimilar reporters that contain Alaska Supreme Court opinions: the Alaska Reporter and the Pacific Reporter. The Alaska Reporter contains only opinions from the Alaska Supreme Court. The Pacific Reporter contains decisions of the Supreme Courts of the pacific states, including Alaska. Reverse 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 farther proceedings. Respondent The person who responds to the filing of a petition. Rules of Appellate Procedure These are the special rules that regulate the practice and procedure in appellate cases. These are besides called the Appellate Rules. The Rules contain data nearly deadlines for filing different documents in the unlike stages of the appeal. They as well discuss the format for what the documents should look like.

South

Render to top Serve To deliver legal papers to the opposing party either past mail or personal service co-ordinate to the Appellate Rules. Also called service of process. You demand to tell the courtroom how yous served the other side with e'er document filed by filling out a certificate of service form. The certificate of service is found on the lesser of the forms on this website or y'all can use a split up certificate of service form. Service of process The commitment of legal papers to the opposing political party. Skid opinion

A slip stance is the final written decision of the Supreme Court that will be published in a book called a Reporter. Slip opinions and published opinions take precedential value. This ways that you can cite to the case that the opinion was written about in legal documents such as appeal briefs and motions to support an outcome yous are arguing in your example.

Standard of review The standard of review is how much weight (or deference) the Supreme Courtroom gives to the Superior Court's decision when reviewing the decision on appeal. At that place are different standards of review for different kinds of decisions. A brief contains a department called "standard of review" where the appellant and appellee each country the standard(s) that the Supreme Court should use in reviewing the problems on entreatment. Statement of the Instance Section of the cursory that contains both a statement of the important facts and a clarification of the important proceedings that happened in the lower court. Statement of Issues Presented for Review Section of the brief that lists all of the bug that the Supreme Courtroom needs to decide in the appeal. Statement of Points on Appeal A form that is filed at the beginning of the appeal where the Appellant states the problems that they are appealing. Your entreatment will but bargain with the issues you enhance in the Statement of Points on Appeal. This means that the Appellant's appeal brief(s) and the oral argument will merely discuss those specific issues. Statute A law passed by the Alaska Legislature Stay pending appeal A court gild which temporarily suspends court proceedings or the effect of a judgment. Initiating an appeal does not stop the other party from enforcing a trial court judgment. Instead you must file a motion to stay enforcement of judgment pending entreatment in the lower court if you want an order staying the effect of the judgment in a civil case. Or instead of a move for stay, you tin ask the Superior Courtroom to approve a supersedeas bail. Supersedeas Bond When a political party appeals a money judgment against them, filing the appeal volition not stop the other party from taking action to collect the judgment while the entreatment is pending. In club to end 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 bond. This bond guarantees that the appellant will pay the appellee if the appellant loses the appeal. Appellate Dominion 204(d) discusses supersedeas bonds. Superior Court The trial courtroom of full general jurisdiction for civil and criminal cases in Alaska. This court handles domestic relations cases such as divorce, dissolution, custody and child support. The Superior Courtroom serves as the appellate court for appeals from commune court cases and administrative agency decisions. Superior Courtroom Tape The Superior Court file, which includes the papers and motions filed in the Superior Court, orders issued by the judge, the exhibits and the electronic tape 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 choose to hear.

T

Render to top Table of Authorities Section of the brief that lists all of the cases, statutes and other government that you cite in your cursory and the page(south) on which each authority is found in the brief. Testimony The words spoken during a court proceeding by witnesses that is evidence. Transcript Written version of everything that was said by the parties, the estimate and whatever witnesses at the trial or hearings in the case. It is made from a recording of the proceeding. Y'all can buy a CD of a proceeding from the court. To get a transcript, you must rent a transcriber who will listen to the recording and write up everything that was said. Trial A court process where the judge and/or jury hears the legal and factual bug presented by both parties and makes a determination according to the police force. The trial can be either before only a judge, or before a judge and jury, depending on the case type. Trial court The lower court where the case starts which is usually the Superior Court. This court decides the facts and constabulary in the case. The trial courtroom'southward decision is the one that you entreatment to the Supreme Court.

U

Return to top Usa Supreme Court Located in Washington, D.C., it is the highest court in the Usa; the U.Southward. Supreme Court has final appellate jurisdiction and has jurisdiction over all other courts in the nation.

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W

Render to top Waiver of filing fee or cost bond The special grade yous may file if you cannot afford the filing fee and/or the cost bond to enquire the Supreme Court to let you lot to start the appeal without paying. Witness A person called by a political party to speak in court under adjuration well-nigh what he or she knows or has observed that is relevant to the case. There are no witnesses used in appeals.

Rev. 7 Nov 2018
© Alaska Court System

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Source: https://courts.alaska.gov/shc/appeals/appealsglossary.htm

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