Cambridge University Press
Cambridge University Press is the publishing business of the University of Cambridge. Granted letters patent by King Henry VIII in 1534, it is the world's oldest publishing house and the second-largest university press in the world, it holds letters patent as the Queen's Printer. The press mission is "to further the University's mission by disseminating knowledge in the pursuit of education and research at the highest international levels of excellence". Cambridge University Press is a department of the University of Cambridge and is both an academic and educational publisher. With a global sales presence, publishing hubs, offices in more than 40 countries, it publishes over 50,000 titles by authors from over 100 countries, its publishing includes academic journals, reference works and English language teaching and learning publications. Cambridge University Press is a charitable enterprise that transfers part of its annual surplus back to the university. Cambridge University Press is both the oldest publishing house in the world and the oldest university press.
It originated from letters patent granted to the University of Cambridge by Henry VIII in 1534, has been producing books continuously since the first University Press book was printed. Cambridge is one of the two privileged presses. Authors published by Cambridge have included John Milton, William Harvey, Isaac Newton, Bertrand Russell, Stephen Hawking. University printing began in Cambridge when the first practising University Printer, Thomas Thomas, set up a printing house on the site of what became the Senate House lawn – a few yards from where the press's bookshop now stands. In those days, the Stationers' Company in London jealously guarded its monopoly of printing, which explains the delay between the date of the university's letters patent and the printing of the first book. In 1591, Thomas's successor, John Legate, printed the first Cambridge Bible, an octavo edition of the popular Geneva Bible; the London Stationers objected strenuously. The university's response was to point out the provision in its charter to print "all manner of books".
Thus began the press's tradition of publishing the Bible, a tradition that has endured for over four centuries, beginning with the Geneva Bible, continuing with the Authorized Version, the Revised Version, the New English Bible and the Revised English Bible. The restrictions and compromises forced upon Cambridge by the dispute with the London Stationers did not come to an end until the scholar Richard Bentley was given the power to set up a'new-style press' in 1696. In July 1697 the Duke of Somerset made a loan of £200 to the university "towards the printing house and presse" and James Halman, Registrary of the University, lent £100 for the same purpose, it was in Bentley's time, in 1698, that a body of senior scholars was appointed to be responsible to the university for the press's affairs. The Press Syndicate's publishing committee still meets and its role still includes the review and approval of the press's planned output. John Baskerville became University Printer in the mid-eighteenth century.
Baskerville's concern was the production of the finest possible books using his own type-design and printing techniques. Baskerville wrote, "The importance of the work demands all my attention. Caxton would have found nothing to surprise him if he had walked into the press's printing house in the eighteenth century: all the type was still being set by hand. A technological breakthrough was badly needed, it came when Lord Stanhope perfected the making of stereotype plates; this involved making a mould of the whole surface of a page of type and casting plates from that mould. The press was the first to use this technique, in 1805 produced the technically successful and much-reprinted Cambridge Stereotype Bible. By the 1850s the press was using steam-powered machine presses, employing two to three hundred people, occupying several buildings in the Silver Street and Mill Lane area, including the one that the press still occupies, the Pitt Building, built for the press and in honour of William Pitt the Younger.
Under the stewardship of C. J. Clay, University Printer from 1854 to 1882, the press increased the size and scale of its academic and educational publishing operation. An important factor in this increase was the inauguration of its list of schoolbooks. During Clay's administration, the press undertook a sizeable co-publishing venture with Oxford: the Revised Version of the Bible, begun in 1870 and completed in 1885, it was in this period as well that the Syndics of the press turned down what became the Oxford English Dictionary—a proposal for, brought to Cambridge by James Murray before he turned to Oxford. The appointment of R. T. Wright as Secretary of the Press Syndicate in 1892 marked the beginning of the press's development as a modern publishing business with a defined editorial policy and administrative structure, it was Wright who devised the plan for one of the most distinctive Cambridge contributions to publishing—the Cambridge Histories. The Cambridge Modern History was published
Pennsylvania the Commonwealth of Pennsylvania, is a state located in the northeastern and Mid-Atlantic regions of the United States. The Appalachian Mountains run through its middle; the Commonwealth is bordered by Delaware to the southeast, Maryland to the south, West Virginia to the southwest, Ohio to the west, Lake Erie and the Canadian province of Ontario to the northwest, New York to the north, New Jersey to the east. Pennsylvania is the 33rd-largest state by area, the 6th-most populous state according to the most recent official U. S. Census count in 2010, it is the 9th-most densely populated of the 50 states. Pennsylvania's two most populous cities are Philadelphia, Pittsburgh; the state capital and its 10th largest city is Harrisburg. Pennsylvania has 140 miles of waterfront along the Delaware Estuary; the state is one of the 13 original founding states of the United States. Part of Pennsylvania, together with the present State of Delaware, had earlier been organized as the Colony of New Sweden.
It was the second state to ratify the United States Constitution, on December 12, 1787. Independence Hall, where the United States Declaration of Independence and United States Constitution were drafted, is located in the state's largest city of Philadelphia. During the American Civil War, the Battle of Gettysburg was fought in the south central region of the state. Valley Forge near Philadelphia was General Washington's headquarters during the bitter winter of 1777–78. Pennsylvania is 170 miles north to south and 283 miles east to west. Of a total 46,055 square miles, 44,817 square miles are land, 490 square miles are inland waters, 749 square miles are waters in Lake Erie, it is the 33rd-largest state in the United States. Pennsylvania has 51 miles of coastline along Lake Erie and 57 miles of shoreline along the Delaware Estuary. Of the original Thirteen Colonies, Pennsylvania is the only state that does not border the Atlantic Ocean; the boundaries of the state are the Mason–Dixon line to the south, the Twelve-Mile Circle on the Pennsylvania-Delaware border, the Delaware River to the east, 80° 31' W to the west and the 42° N to the north, with the exception of a short segment on the western end, where a triangle extends north to Lake Erie.
Cities include Philadelphia, Reading and Lancaster in the southeast, Pittsburgh in the southwest, the tri-cities of Allentown and Easton in the central east. The northeast includes the former anthracite coal mining cities of Scranton, Wilkes-Barre and Hazleton. Erie is located in the northwest. State College serves the central region while Williamsport serves the commonwealth's north-central region as does Chambersburg the south-central region, with York and the state capital Harrisburg on the Susquehanna River in the east-central region of the Commonwealth and Altoona and Johnstown in the west-central region; the state has five geographical regions, namely the Allegheny Plateau and Valley, Atlantic Coastal Plain and the Erie Plain. New York Ontario Maryland Delaware West Virginia New Jersey Ohio Pennsylvania's diverse topography produces a variety of climates, though the entire state experiences cold winters and humid summers. Straddling two major zones, the majority of the state, with the exception of the southeastern corner, has a humid continental climate.
The southern portion of the state has a humid subtropical climate. The largest city, has some characteristics of the humid subtropical climate that covers much of Delaware and Maryland to the south. Summers are hot and humid. Moving toward the mountainous interior of the state, the winter climate becomes colder, the number of cloudy days increases, snowfall amounts are greater. Western areas of the state locations near Lake Erie, can receive over 100 inches of snowfall annually, the entire state receives plentiful precipitation throughout the year; the state may be subject to severe weather from spring through summer into fall. Tornadoes occur annually in the state, sometimes in large numbers, such as 30 recorded tornadoes in 2011; as of 1600, the tribes living in Pennsylvania were the Algonquian Lenape, the Iroquoian Susquehannock & Petun and the Siouan Monongahela Culture, who may have been the same as a little known tribe called the Calicua, or Cali. Other tribes who entered the region during the colonial era were the Trockwae, Saponi, Nanticoke, Conoy Piscataway, Iroquois Confederacy—possibly among others.
Other tribes, like the Erie, may have once held some land in Pennsylvania, but no longer did so by the year 1600. Both the Dutch and the English claimed both sides of the Delaware River as part of their colonial lands in America; the Dutch were the first to take possession. By June 3, 1631, the Dutch had begun settling the Delmarva Peninsula by establishing the Zwaanendael Colony on the site of present-day Lewes, Delaware. In 1638, Sweden established the New Sweden Colony, in the region of Fort Christina, on the site of present-day Wilmington, Delaware. New Sweden claimed and, for the most part, controlled the lower Delaware River region (parts of present-day Delaware, New Jersey, Pe
Black's Law Dictionary
Black's Law is the most used law dictionary in the United States. It was founded by Henry Campbell Black, it is the reference of choice for terms in legal briefs and court opinions and has been cited as a secondary legal authority in many U. S. Supreme Court cases; the latest editions, including abridged and pocket versions, are useful starting points for the layman or student when faced with an unfamiliar legal term. The first edition was published in 1891, the second edition in 1910; the sixth and earlier editions of the book provided case citations for the term cited, which some lawyers view as its most useful feature, providing a useful starting point with leading cases. The Internet made legal research easier than it had been, so many state- or circuit-specific case citations and outdated or overruled case citations were dropped from the seventh edition in 1999; the eighth edition introduced a unique system of perpetually updated case citations and cross-references to legal encyclopedias.
The current edition is the tenth, published in 2014. Because many legal terms are derived from a Latin root word, the Dictionary gives a pronunciation guide for such terms. In addition, the applicable entries provide pronunciation transcriptions pursuant to those found among North American practitioners of law or medicine. An online version of the tenth edition can be accessed through the paid Westlaw legal information service; the second edition of Black's Law Dictionary is now in the public domain and is available online for free. However, the general applicability of this online version is limited due to its age, it still applies for legal theory terms, many basic legal terms with respect to their general meaning. However, references to case law will be incomplete for modern purposes, the use of legal language in court filings and in the courtroom has changed with changes in law and legal culture over time; the Lawbook Exchange, Ltd. has reprinted the second editions. It is available as a Windows Phone application, the tenth edition is available as an application for iOS devices.
Black's Law Dictionary 10th ed. Bryan A. Garner, editor, ISBN 978-0-314-61300-4 Black's Law Dictionary 9th ed. Bryan A. Garner, editor, ISBN 0-314-19949-7 Black's Law Dictionary 8th ed. Bryan A. Garner, editor, ISBN 0-314-15199-0 Black's Law Dictionary 7th ed. Bryan A. Garner, editor, ISBN 0-314-22864-0 Black's Law Dictionary 6th ed. ISBN 90-6544-631-1 Black's Law Dictionary 5th ed. ISBN 0-8299-2041-2 Black's Law Dictionary Revised 4th ed. Black's Law Dictionary 4th ed. Black's Law Dictionary 3rd ed. Black's Law Dictionary 2nd ed. ISBN 1-886363-10-2. Public domain Black's Law Dictionary 1st ed. ISBN 0-9630106-0-3 Black's Law Dictionary 5th pocket ed. Bryan A. Garner, editor, ISBN 0-314-84489-9 Black's Law Dictionary 4th pocket ed. Bryan A. Garner, editor, ISBN 0-314-27544-4 Black's Law Dictionary 3rd pocket ed. Bryan A. Garner, editor, ISBN 0-314-15862-6 Black's Law Dictionary 2nd pocket ed. Bryan A. Garner, editor, ISBN 0-314-25791-8 Blackův právnický slovník. Complete translation of 6th edition into Czech.
Victoria Publishing, Prague, 1993. ISBN 80-85605-23-6. Āqāʼī, Bahman. Farhang-i ḥuqūqī-i Bahman: Ingilīsī-Fārsī: bar asās-i Black's law dictionary Muqtadirah-yi Qaumī Zabān. Qānūnī, Angrezī-Urdu lug̲h̲at: Blaiks lāʼ dikshanarī se māk̲h̲ūz / nigrān, Fatiḥ Muḥammad Malik ISBN 969-474-084-3. Bouvier's Law Dictionary Freemen on the land Law dictionary Legal terminology textbook List of legal abbreviations Sovereign Citizen Moorish Citizens, Sovereign Moorish Nation Wex WorldCat listing for all nine editions Libraries with the Urdu edition Libraries with the Persian edition Black's 2nd Edition Online Black's Law Dictionary 2nd ed.—freelawdictionary.org Black's Law Dictionary, 2nd Edition at the Internet Archive
Encyclopædia Britannica, Eleventh Edition
The Encyclopædia Britannica, Eleventh Edition is a 29-volume reference work, an edition of the Encyclopædia Britannica. It was developed during the encyclopaedia's transition from a British to an American publication; some of its articles were written by the best-known scholars of the time. This edition of the encyclopedia, containing 40,000 entries, is now in the public domain, many of its articles have been used as a basis for articles in Wikipedia. However, the outdated nature of some of its content makes its use as a source for modern scholarship problematic; some articles have special value and interest to modern scholars as cultural artifacts of the 19th and early 20th centuries. The 1911 eleventh edition was assembled with the management of American publisher Horace Everett Hooper. Hugh Chisholm, who had edited the previous edition, was appointed editor in chief, with Walter Alison Phillips as his principal assistant editor. Hooper bought the rights to the 25-volume 9th edition and persuaded the British newspaper The Times to issue its reprint, with eleven additional volumes as the tenth edition, published in 1902.
Hooper's association with The Times ceased in 1909, he negotiated with the Cambridge University Press to publish the 29-volume eleventh edition. Though it is perceived as a quintessentially British work, the eleventh edition had substantial American influences, not only in the increased amount of American and Canadian content, but in the efforts made to make it more popular. American marketing methods assisted sales; some 14% of the contributors were from North America, a New York office was established to coordinate their work. The initials of the encyclopedia's contributors appear at the end of selected articles or at the end of a section in the case of longer articles, such as that on China, a key is given in each volume to these initials; some articles were written by the best-known scholars of the time, such as Edmund Gosse, J. B. Bury, Algernon Charles Swinburne, John Muir, Peter Kropotkin, T. H. Huxley, James Hopwood Jeans and William Michael Rossetti. Among the lesser-known contributors were some who would become distinguished, such as Ernest Rutherford and Bertrand Russell.
Many articles were carried over from some with minimal updating. Some of the book-length articles were divided into smaller parts for easier reference, yet others much abridged; the best-known authors contributed only a single article or part of an article. Most of the work was done by British Museum scholars and other scholars; the 1911 edition was the first edition of the encyclopædia to include more than just a handful of female contributors, with 34 women contributing articles to the edition. The eleventh edition introduced a number of changes of the format of the Britannica, it was the first to be published complete, instead of the previous method of volumes being released as they were ready. The print type was subject to continual updating until publication, it was the first edition of Britannica to be issued with a comprehensive index volume in, added a categorical index, where like topics were listed. It was the first not to include long treatise-length articles. Though the overall length of the work was about the same as that of its predecessor, the number of articles had increased from 17,000 to 40,000.
It was the first edition of Britannica to include biographies of living people. Sixteen maps of the famous 9th edition of Stielers Handatlas were translated to English, converted to Imperial units, printed in Gotha, Germany by Justus Perthes and became part this edition. Editions only included Perthes' great maps as low quality reproductions. According to Coleman and Simmons, the content of the encyclopedia was distributed as follows: Hooper sold the rights to Sears Roebuck of Chicago in 1920, completing the Britannica's transition to becoming a American publication. In 1922, an additional three volumes, were published, covering the events of the intervening years, including World War I. These, together with a reprint of the eleventh edition, formed the twelfth edition of the work. A similar thirteenth edition, consisting of three volumes plus a reprint of the twelfth edition, was published in 1926, so the twelfth and thirteenth editions were related to the eleventh edition and shared much of the same content.
However, it became apparent that a more thorough update of the work was required. The fourteenth edition, published in 1929, was revised, with much text eliminated or abridged to make room for new topics; the eleventh edition was the basis of every version of the Encyclopædia Britannica until the new fifteenth edition was published in 1974, using modern information presentation. The eleventh edition's articles are still of value and interest to modern readers and scholars as a cultural artifact: the British Empire was at its maximum, imperialism was unchallenged, much of the world was still ruled by monarchs, the tragedy of the modern world wars was still in the future, they are an invaluable resource for topics omitted from modern encyclopedias for biography and the history of science and technology. As a literary text, the encyclopedia has value as an example of early 20th-century prose. For example, it employs literary devices, such as pathetic fallacy, which are not as common in modern reference texts.
In 1917, using the pseudonym of S. S. Van Dine, the US art critic and author Willard Huntington Wright published Misinforming a Nation, a 200+
The public domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have been forfeited, expressly waived, or may be inapplicable; the works of William Shakespeare and Beethoven, most early silent films, are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by copyright, are therefore in the public domain—among them the formulae of Newtonian physics, cooking recipes, all computer software created prior to 1974. Other works are dedicated by their authors to the public domain; the term public domain is not applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission". As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another; some rights depend on registrations on a country-by-country basis, the absence of registration in a particular country, if required, gives rise to public-domain status for a work in that country.
The term public domain may be interchangeably used with other imprecise or undefined terms such as the "public sphere" or "commons", including concepts such as the "commons of the mind", the "intellectual commons", the "information commons". Although the term "domain" did not come into use until the mid-18th century, the concept "can be traced back to the ancient Roman Law, as a preset system included in the property right system." The Romans had a large proprietary rights system where they defined "many things that cannot be owned" as res nullius, res communes, res publicae and res universitatis. The term res nullius was defined as things not yet appropriated; the term res communes was defined as "things that could be enjoyed by mankind, such as air and ocean." The term res publicae referred to things that were shared by all citizens, the term res universitatis meant things that were owned by the municipalities of Rome. When looking at it from a historical perspective, one could say the construction of the idea of "public domain" sprouted from the concepts of res communes, res publicae, res universitatis in early Roman law.
When the first early copyright law was first established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by French jurists in the 18th century. Instead of "public domain", they used terms such as publici juris or propriété publique to describe works that were not covered by copyright law; the phrase "fall in the public domain" can be traced to mid-19th century France to describe the end of copyright term. The French poet Alfred de Vigny equated the expiration of copyright with a work falling "into the sink hole of public domain" and if the public domain receives any attention from intellectual property lawyers it is still treated as little more than that, left when intellectual property rights, such as copyright and trademarks, expire or are abandoned. In this historical context Paul Torremans describes copyright as a, "little coral reef of private right jutting up from the ocean of the public domain." Copyright law differs by country, the American legal scholar Pamela Samuelson has described the public domain as being "different sizes at different times in different countries".
Definitions of the boundaries of the public domain in relation to copyright, or intellectual property more regard the public domain as a negative space. According to James Boyle this definition underlines common usage of the term public domain and equates the public domain to public property and works in copyright to private property. However, the usage of the term public domain can be more granular, including for example uses of works in copyright permitted by copyright exceptions; such a definition regards work in copyright as private property subject to fair-use rights and limitation on ownership. A conceptual definition comes from Lange, who focused on what the public domain should be: "it should be a place of sanctuary for individual creative expression, a sanctuary conferring affirmative protection against the forces of private appropriation that threatened such expression". Patterson and Lindberg described the public domain not as a "territory", but rather as a concept: "here are certain materials – the air we breathe, rain, life, thoughts, ideas, numbers – not subject to private ownership.
The materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival." The term public domain may be interchangeably used with other imprecise or undefined terms such as the "public sphere" or "commons", including concepts such as the "commons of the mind", the "intellectual commons", the "information commons". A public-domain book is a book with no copyright, a book, created without a license, or a book where its copyrights expired or have been forfeited. In most countries the term of protection of copyright lasts until January first, 70 years after the death of the latest living author; the longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928. A notable exception is the United States, where every book and tale published prior to 1924 is in the public domain.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon and his governors served as the highest appellate courts of the land. Ancient Roman law employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate. During this time, the Shogunate established hikitsuke, a high appellate court to aid the state in adjudicating lawsuits. In the Eighteenth century, William Blackstone observed in his Commentaries on the Laws of England that appeals existed as a form of error correction in the common law during the reign of Edward III of England.
Although some scholars argue that "the right to appeal is itself a substantive liberty interest", the notion of a right to appeal is a recent advent in common law jurisdictions. In fact, commentators have observed that common law jurisdictions were "slow to incorporate a right to appeal into either its civil or criminal jurisprudence". For example, the United States first created a system of federal appellate courts in 1789, but a federal right to appeal did not exist in the United States until 1889, when Congress passed the Judiciary Act to permit appeals in capital cases. Two years the right to appeals was extended to other criminal cases, the United States Courts of Appeals were established to review decisions from district courts; some states, such as Minnesota, still do not formally recognize a right to criminal appeals. Although some courts permit appeals at preliminary stages of litigation, most litigants appeal final orders and judgments from lower courts. A fundamental premise of many legal systems is that appellate courts review questions of law de novo, but appellate courts do not conduct independent fact-finding.
Instead, appellate courts will defer to the record established by the trial court, unless some error occurred during the fact-finding process. Many jurisdictions provide a statutory or constitutional right for litigants to appeal adverse decisions. However, most jurisdictions recognize that this right may be waived. In the United States, for example, litigants may waive the right to appeal, as long as the waiver is "considered and intelligent"; the appellate process begins when an appellate court grants a party's petition for review or petition for certiorari. Unlike trials, appeals are presented to a judge, or a panel of judges, rather than a jury. Before making any formal argument, parties will submit legal briefs in which the parties present their arguments. Appellate courts may grant permission for an amicus curiae to submit a brief in support of a particular party or position. After submitting briefs, parties have the opportunity to present an oral argument to a judge or panel of judges. During oral arguments, judges ask question to attorneys to challenge their arguments or to advance their own legal theories.
After deliberating in chambers, appellate courts will issue formal opinions that resolve the legal issues presented for review. When considering cases on appeal, appellate courts affirm, reverse, or vacate the decision of a lower court; some courts maintain a dual function, where they consider both appeals as well as matters of "first instance". For example, the Supreme Court of the United States hears cases on appeal but retains original jurisdiction over a limited range of cases; some jurisdictions maintain a system of intermediate appellate courts, which are subject to the review of higher appellate courts. The highest appellate court in a jurisdiction is sometimes referred to as a "court of last resort". Civil procedure List of legal topics Judicial review Appellate procedure in the United States Scope of review