Appeals

Question 1

Ecclesiastical Court Appeals

Answer 1

Consistory Court > Archbishop of Canterbury or York > Pope (pre-1534)

Question 2

First Federal Appellate Court in the US

Answer 2

Court of Appeals in Cases of Capture (admiralty) in 1775

Question 3

Initial Royal Court appeals

Answer 3

barely existed as the courts were parallel. Could have writs of error brought but these were for gross errors of fact (such as the wrong pleading used) rather than to reconsider the law. Also, no appeal for ordeals because God decided, and issues with appealing decisions by the jury

Question 4

Motions of Arrest in Judgment

Answer 4

Not a true appeal. Process: 1: Writ brought in Westminster. 2: pleading in Westminster; 3: jury trial in the county of origin (nisi prius); 4: motion for arrest of judgment. 5: consideration of motion in Westminster. 6: entry of final judgment

Question 5

Aldred’s Case

Answer 5

Example of Motion of Arrest in Judgment. Nuisance claim for stinky pigs brought at local royal assizes but the judge deferred resolution to Westminster. Defendant moved for arrest in judgment on account of the fact that pigs are stinky, but Court of Common Pleas held the action sustained

Question 6

Reviewing Writs of Error

Answer 6

local court > King’s Bench. Local court (not of record) > Court of Common Pleas. Common Pleas > King’s Bench. Exchequer > Council Chamber. King’s Bench > nothing pre-1585, then Statutory Exchequer Chamber

Question 7

Prerogative Writs

Answer 7

Not an appeal but instead a writ from one court to another to cease hearing a case. Mostly issued by Court of King’s Bench. Included Writs of Quo Warranto, Mandamus, Certiorari, Procedendo, Habeas Corpus