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Simple English definitions for legal terms
above
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A quick definition of above:
Above: When a court has already looked at a case and made a decision, it is said to be "above" that case. This means that it has the power to review the case if it needs to. This is different from "below," which means a court has not yet looked at a case.
A more thorough explanation:
Definition: Above is an adjective and adverb used to describe an appellate court that has dealt with an appeal in the case at issue and has the power to review the case at issue. It is the opposite of below.
Example 1: The Supreme Court is an above court because it has the power to review cases from lower courts.
Example 2: The appellate court ruled that the lower court's decision was incorrect and reversed it. Therefore, the appellate court is an above court.
These examples illustrate that an above court is one that has the power to review cases from lower courts. The Supreme Court is an example of an above court because it has the power to review cases from all lower courts. The appellate court in example 2 is also an above court because it reviewed and reversed the decision of a lower court.