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appeal
(redirected from Abuse of discretion)

   Also found in: Legal, Wikipedia, Hutchinson 0.06 sec.
appeal, in law, hearing by a superior court to consider correcting or reversing the judgment of an inferior court, because of errors allegedly committed by the inferior court. The party appealing the decision is known as the appellant, the party who has won the case in the lower court as the appellee. The term is also sometimes used to describe the review by a court of the action of a government board or administrative officer. Appellate procedure is set by statute. There are two types of errors, of fact and of law. An error of fact is drawing a false inference from evidence presented at the trial. An error of law is an erroneous determination of the legal rules governing procedure procedure, in law, the rules that govern the obtaining of legal redress. This article deals only with civil procedure in Anglo-American law (for criminal procedure, see criminal law ).
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, evidence evidence, in law, material submitted to a judge or a judicial body to resolve disputed questions of fact. The rules discussed in this article were developed in England for use in jury trials.
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, or the matters at issue between the parties. Ordinarily, only errors of law may be reviewed in appeal. In an appeal from an action tried in equity equity, principles of justice originally developed by the English chancellor. In Anglo-American jurisprudence equitable principles and remedies are distinguished from the older system that the common law courts evolved.
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, however, the appellate court passes on the entire record, both as to facts and law. Should the appeals court conclude that no error was committed, it will affirm the decision of the lower court. If it finds that there was error, it may direct a retrial or grant a judgment judgment, decision of a court of law respecting the issues before it. The term ordinarily is not applied to the decree (order) of courts of equity . The outstanding characteristic of a legal judgment, in contrast to an equitable decree, is its finality and fixity;
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 or decree decree, in law, decision of a suit in a court of equity . It is the counterpart in equity of the judgment in a court of law, although in those jurisdictions where law and equity have merged, judgment is sometimes used to include both.
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 in favor of the party who lost in the lower court. The determinations of appeals courts are usually printed, often with an opinion indicating the basis for the court's decisions. Such opinions are of great utility in guiding the inferior courts and are often cited as precedents in future cases. See also habeas corpus habeas corpus (hā`bēəs kôr`pəs) [Lat.
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appeal

Resort to a higher court to review the decision of a lower court, or to any court to review the order of an administrative agency. Its scope is usually limited. In the U.S., the higher court reviews only matters in the record of the original trial; no new evidence can be presented. The Supreme Court of the United States hears appellate cases that it regards as having important implications; otherwise, appeals generally stop with the United States Courts of Appeals. See also certiorari.


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Stuart Waxman, who concluded Valenzuela never was instructed to keep his hair at a certain length and that the suspension ruling by stewards Ingrid Fermin, George Slender and Tom Ward was ``arbitrary, capricious and an abuse of discretion.
Thus the apparent conclusion that all abuse of discretion cases will be decided on the total evidence and not just the administrative record remains in doubt.
The appeals court held that the imposition of restitution in the amount $728,142 was not an abuse of discretion.
 
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