Legal Definitions - above

In legal discussions, particularly concerning court cases and appeals, the term above refers to a court that holds a superior position in the judicial hierarchy relative to another court. This means the "above" court either:

• Has the authority and power to review decisions made by the lower court (often referred to as an appellate function), or
• Has already exercised that authority by hearing and deciding an appeal related to the specific case being discussed.

It signifies a court with a higher level of jurisdiction or review power over the proceedings of a subordinate court.

Examples:

• Imagine a situation where a person loses a lawsuit in their local trial court. Their attorney might explain, "We can appeal this decision to the State Court of Appeals, which is the court above the trial court and has the power to review its judgments for legal errors."

  This example illustrates "above" as a court that possesses the authority to review decisions made by a lower court, even before an appeal has been filed.

• Consider a complex business dispute that started in a federal district court. After the district court issued its ruling, the losing party appealed to the U.S. Court of Appeals for the Third Circuit. Later, during a legal seminar, a speaker might refer to the Third Circuit's decision, stating, "The ruling from the court above the district court clarified the interpretation of contract law in this specific industry."

  Here, "above" refers to the U.S. Court of Appeals for the Third Circuit, which had already dealt with and issued a decision on the appeal originating from the federal district court.