Here is a list of key terms that will help you explain the courts’ decisions or actions clearly and accurately. A simple definition of each term is followed by an example using that term. Note: Terminology may vary by country!
- 2022.11.08
Have you ever had difficulty explaining the actions or decisions of appellate courts to clients or counsel in English?
1. Affirm or uphold
Used when a higher court agrees with a judgment rendered by a lower court or juridical body. In other words, the result is the same in both the higher court (i.e., the court of appeals or the appellate court or a supreme court) and the lower court (i.e., the court of first instance) or other juridical body.
Example: Finding no reversible error, the New Hampshire Supreme Court affirmed the decision of the New Hampshire Personnel Appeals Board to terminate a certain state trooper (for more information, see Appeal of New Hampshire Division of State Police).
2. Overturn
Used when a higher court disagrees with the lower court ruling and changes the ruling of the lower court.
Example: The court of appeals overturned her conviction and ordered a new trial. (Criminal case).
Example: On June 24, 2002, the U.S. Supreme Court overturned Roe v. Wade, declaring that the constitutional right to abortion no longer existed (for more information, see Supreme Court overturns Roe v. Wade).
3. Overrule
Used when a judge rejects an attorney’s objection at trial.
Example: The counsel for the defense objected to Ms. X as an expert witness, arguing that she did not have sufficient credentials or experience. Based on her resume, the judge overruled the lawyer’s objection and allowed Ms. X to testify as an expert witness.
4. Reverse
Used when an appellate court set asides a decision of a lower court due to a legal error.
Example: Grounds for reversal occur when a court of appeals decides that there was a legal error in the judgment of the lower court.
5. Remand
A remand usually follows a reversal by an appellate court of a lower court. Essentially, the appellate court sends the case back to the lower court with instructions for further action consistent with the decision of the appellate court. A remand can involve a completely new trial at the lower court level, or, it could involve only certain issues.
Example: The judge remanded the case for further consideration in light of the recent Supreme Court case.
6. Vacate
Is used when an appellate court or a trial court sets aside or nullifies an award or a judgement.
Example: In some states, it is easy to vacate a default judgment by showing a good reason for the default.