What is APPELLATE JURISDICTION? Definition of APPELLATE JURISDICTION in Black's Law Dictionary
The power and authority to take cognizance of a cause and proceed to its determination, not in its initial stages, but only after it has been finally decided by an inferior court, i. e., the power of review and determination on appeal, writ of error, certiorari, or other similar process. Jurisdiction on appeal; jurisdiction to revise or correct the proceedings in a cause already instituted and acted upon by an inferior court, or by a tribunal having the attributes of a court. Illinois Cent. R. Co. v. Dodd, 105 Miss. 23, 61 So. 743, 49 L.R.A.,N.S., 565. The term includes proceedings in error. Miami County v. City of Dayton, 92 Ohio St. 179, 110 N.E. 726, 727.
If court's jurisdiction is appellate, it has no authority to determine a question in an action originally instituted in it. Rogers v. Leahy, 296 Ky. 44, 176 S.W.2d 93, 95, 149 A. L.R. 1267.
Exercise of "appellate jurisdiction" involves power not only to correct errors in judgment under review, but to make such disposition of causes as justice may require in order that a correct principle of decision, arising since judgment appealed from, and having a bearing upon the right disposition of the cause, may be passed on by trial court, whose judgment will be vacated and cause remanded for further proceeding to that end in proper cases. Yates v. St. Johns Beach Development Co., 122 Fla. 141, 165 So. 384, 385.
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That's the definition of APPELLATE JURISDICTION in Black's Law Dictionary - Courtesy of Cekhukum.com.
