An appellate court uses this standard of review where a party may argue that a lower court’s decision was greatly unsound, unreasonable, or illegal.
- Browse Related Terms: Abuse of Discretion, Affirm, Appellant’s Brief, De novo, opinion, Oral argument, Remand, Respondent, Respondent’s Brief, Reverse, Standard of Review
To find a criminal defendant not guilty through a verdict or because the evidence is insufficient, or because the charges have been dropped or dismissed.
- Browse Related Terms: Acquit, acquittal, Arraignment, Conviction, Default, Drug Court, Expungement, Finding, grand jury, jury, Miranda warning, Nolle prosequi, Plea, Plea Agreement or plea bargain, Pre-sentence investigation, Public Defender, Settlement, Verdict
The finding of not guilty.
- Browse Related Terms: Acquit, acquittal, Arraignment, Conviction, Default, Drug Court, Expungement, Finding, grand jury, jury, Miranda warning, Nolle prosequi, Plea, Plea Agreement or plea bargain, Pre-sentence investigation, Public Defender, Settlement, Verdict
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A federal, state or local government body responsible for applying or enforcing a particular type of law.
- Browse Related Terms: Administrative Agency, Arrest, Bail, Bench, Capias, case law, Continuance, Due process, Expedited Appeals, Homicide, Injunction, Oath, pro se, Prosecutor, Statutory law, Stay, Substantiated facts, warrant
Evidence that is relevant to the case, and is material, will be usually be permitted to be presented to the jury in most instances. The judge may have to make some decisions regarding whether certain evidence is admissible under the Delaware Rules of Evidence, rules of court procedure, and decisions from prior cases that he or she may be bound to follow.
- Browse Related Terms: Admissible, Bailiff, beyond a reasonable doubt, Burden of proof, Closing argument, Discovery, evidence, Irrelevant facts, Jury Foreman, Pre-trial hearing, Preponderance of the evidence, relevant, Standard of proof, True bill
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This is the method American courts use to arrive a resolution in a legal case. The parties in a case tell their sides of a case to a judge and/or jury who arrive at a decision.
- Browse Related Terms: Adversarial System, certification, Citation, Incompetent, Insanity, Intake, Unlawful detainer
A written statement or declaration of facts which has been sworn to as true in front of someone authorized to administer oaths such as a notary public or a member of the Bar of the State of Delaware.
A freely given, signed and notarized statement under oath of facts put in writing.
- Browse Related Terms: affidavit, Habeas corpus, Impeach, Leading question, Mandamus, Order, Perjure, Rehabilitate, Subpoena, subpoena duces tecum, Summary judgment, testimony, Writ
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When an appellate court confirms or supports the decision made by the lower court.
To uphold a decision made in another court in a case on appeal, by a hearing officer in a court that has the authority to decide the appeal.
- Browse Related Terms: Abuse of Discretion, Affirm, Appellant’s Brief, De novo, opinion, Oral argument, Remand, Respondent, Respondent’s Brief, Reverse, Standard of Review
The act of seeking a higher court’s review of a lower court’s decision.
A review by an appellate court of a lower court’s decision to determine if mistakes had been made, and if the mistakes are significant enough to require some form of remedy.
This is a legal process used to review the final decision in a criminal case in Delaware as defined by the State Constitution, Court Rules, and the Delaware Code. The conviction and sentence of a defendant in Superior Court may be appealed to the Delaware Supreme Court. Decisions regarding motions decided after the conviction may also be appealed to the Delaware Supreme Court. An appeal in a Superior Court criminal case is filed by providing a notice of appeal to the Delaware Supreme Court within 30 days of the date of the sentence, or within 30 days from the entry on the Superior Court docket of a decision regarding a motion filed after the conviction. The Supreme Court Rules, and the Delaware Code, available in public libraries throughout the State, should be reviewed carefully before submitting an appeal to the Delaware Supreme Court, to make certain that all of the filing requirements are followed. The guidance of a Delaware Attorney is invaluable. Appeals to Superior Court are covered in a separate section of this document.
- Browse Related Terms: Appeal, appellant, appellate, Appellate court, Decree, Dismissal, Final Judgment, Interlocutory Appeal, judgment
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The appellant is the party who initiates the appeal of the judgment or decision of a court by filing a notice of appeal in the appropriate court.
The party appealing a decision through filing a notice and appellant’s brief.
- Browse Related Terms: Appeal, appellant, appellate, Appellate court, Decree, Dismissal, Final Judgment, Interlocutory Appeal, judgment
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The initial brief, where the appellant outlines the mistakes made in the lower court’s decision and states why the appellate court should reverse the decision.
- Browse Related Terms: Abuse of Discretion, Affirm, Appellant’s Brief, De novo, opinion, Oral argument, Remand, Respondent, Respondent’s Brief, Reverse, Standard of Review
Having to do with an appeal.
This is the party against whom the appeal is taken.
- Browse Related Terms: Appeal, appellant, appellate, Appellate court, Decree, Dismissal, Final Judgment, Interlocutory Appeal, judgment
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The appellate court is the court with the authority to hear and decide an appeal. An appellate court is said to possess the "jurisdiction" to handle the appeal, though the jurisdiction, or power to hear the appeal, is granted to the court by the State Constitution and the Delaware Code. One must "perfect" an appeal in order for the appellate court to be able to review the decision of the court being appealed from. Perfection of an appeal requires that the proper steps be taken to allow the appellate court to hear the case, such as filing the notice of appeal within the proper amount of time, as set forth by Statute and/or court rule.
- Browse Related Terms: Appeal, appellant, appellate, Appellate court, Decree, Dismissal, Final Judgment, Interlocutory Appeal, judgment
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This is the first appearance in Superior Court of the defendant after indictment. The defendant is provided with a copy of the indictment, informed of the charges against him or her, and advised of the right to an attorney and to trial. At arraignment, the defendant also formally enters a plea before the court of guilty or not guilty. Bail is set at this time, and bail which may have been previously set is reviewed. Under Superior Court Rule 10(c), the defendant may waive the opportunity to be present for this initial appearance if represented by an attorney, and if bail has already been set on all of the charges listed in the indictment. The attorney is required to file a written plea of not guilty with the Court in a timely manner. The written pleading must state that the defendant has been made aware of the charges against him or her, that the next appearance date is know to the defendant, that a plea of not guilty is being entered, and that the person(s) responsible for bail has been informed of the filing of the written pleading.
A hearing before a judge during which the judge reads the charges to the defendant and the defendant pleads guilty or not guilty.
- Browse Related Terms: Acquit, acquittal, Arraignment, Conviction, Default, Drug Court, Expungement, Finding, grand jury, jury, Miranda warning, Nolle prosequi, Plea, Plea Agreement or plea bargain, Pre-sentence investigation, Public Defender, Settlement, Verdict
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The taking of a person into custody by an officer of the law.
- Browse Related Terms: Administrative Agency, Arrest, Bail, Bench, Capias, case law, Continuance, Due process, Expedited Appeals, Homicide, Injunction, Oath, pro se, Prosecutor, Statutory law, Stay, Substantiated facts, warrant
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Money a defendant puts up (usually a bond) to allow his or her release from custody and to guarantee his or her appearance at a future hearing.
- Browse Related Terms: Administrative Agency, Arrest, Bail, Bench, Capias, case law, Continuance, Due process, Expedited Appeals, Homicide, Injunction, Oath, pro se, Prosecutor, Statutory law, Stay, Substantiated facts, warrant
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The individual in the courtroom who helps the judge manage the evidence and maintain order in the courtroom.
- Browse Related Terms: Admissible, Bailiff, beyond a reasonable doubt, Burden of proof, Closing argument, Discovery, evidence, Irrelevant facts, Jury Foreman, Pre-trial hearing, Preponderance of the evidence, relevant, Standard of proof, True bill
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The seat where the Judge, or hearing officer sits in the courtroom. If a defendant waives the right to a jury trial in Superior court, and proceeds with only the judge hearing the case, the proceeding is known as a bench trial.
- Browse Related Terms: Administrative Agency, Arrest, Bail, Bench, Capias, case law, Continuance, Due process, Expedited Appeals, Homicide, Injunction, Oath, pro se, Prosecutor, Statutory law, Stay, Substantiated facts, warrant
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A standard of proof required to convict a person of a crime. The jury has a high degree of certainty about the defendant’s guilt, although they need not be 100 percent convinced.
- Browse Related Terms: Admissible, Bailiff, beyond a reasonable doubt, Burden of proof, Closing argument, Discovery, evidence, Irrelevant facts, Jury Foreman, Pre-trial hearing, Preponderance of the evidence, relevant, Standard of proof, True bill
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A written document filed with the court that presents the legal arguments of the party.
This is a written statement prepared by a lawyer to explain the facts and applicable law of a case in court.
- Browse Related Terms: Brief, Certificate of service, Court Docket, Docket, notice of appeal, Reply Brief, Service, Transcript
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