State Appellate Court Performance Standards

The appellate court system's role is to review the decisions of trial courts and administrative agencies. Most states have a two-tier appellate court system that consists of an intermediate appellate court (usually called the court of appeals) and a court of last resort (usually called the supreme court). The trial court or administrative decision is first appealed to the intermediate appellate court. A further appeal is then available to the court of last resort. The Appellate Court Performance Standards Commission was set up to recommend performance standards for state appellate courts.

Statutes of Limitations and Statutes of Repose

Statutes of limitations are laws that limit the time a person has to file a lawsuit after an event occurs that gives that person a legal claim. The underlying reasons for statutes of limitations are: to ensure fairness to the the person being sued; to encourage the prompt prosecution of claims; to suppress stale and fraudulent claims; and to avoid the inconvenience caused by delay especially the difficulties of proof in older cases. Once the statute of limitations runs or expires, a person being sued can raise the defense of the statute of limitations.

State Appellate Courts

Most states have an intermediate level appellate court, which is generally called the court of appeals. State courts of appeals have a panel of judges who review the trial court's decision. The number of judges on the panel varies. The court of appeals determines whether the trial judge followed proper procedure and correctly interpreted and applied the law to the facts of the case.

Federal Court System Overview

The federal court system consists of federal trial courts and two levels of federal appellate courts--courts of appeals and the Supreme Court of the United States.

Wrongful Death Claims

A wrongful death is a death caused by the negligence or misconduct of a person or company. All states have wrongful death laws that provide compensation to the surviving spouse, minor children, and parents of a deceased adult. Some states permit other relatives to recover compensation if they depended upon the deceased for support or services. In some states, grandparents or members of the extended family can also recover damages for their loss.