We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Above: A Comprehensive Guide to Its Legal Definition and Context
Definition & Meaning
The term "above" generally refers to a position that is higher in place or rank. In a legal context, it often describes a court that has the authority to review decisions made by a lower court. For example, the United States Supreme Court is considered an "above" court because it can evaluate and potentially overturn the rulings of lower trial courts. Additionally, "above" can imply something that was mentioned previously, such as in the phrase "above-mentioned," which refers to something cited earlier in a document.
Table of content
Legal Use & context
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a defendant is convicted in a trial court and believes there was a legal error, they may appeal to a court above, such as the state appellate court or the Supreme Court, to seek a review of the case. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Appellate Process
California
Two levels of appeal: Court of Appeal and Supreme Court.
Texas
Has both intermediate appellate courts and a Supreme Court for civil matters.
New York
Uses Appellate Division and Court of Appeals for appeals.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Superior Court
A higher court that reviews decisions from lower courts.
Refers specifically to the level of court rather than the general concept of being 'above.'
Appellate Court
A court that hears appeals from lower courts.
Specifically focused on the appeal process, while 'above' can refer to any higher authority.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing to appeal a court decision, it's important to understand the appellate process. You can start by reviewing the specific rules for your state and gathering necessary documentation. Consider using legal form templates from US Legal Forms to assist in preparing your appeal. If your situation is complex, seeking professional legal assistance may be beneficial.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.