As used in this chapter:

(1) “Appellate court” means a court of this State having direct appellate jurisdiction over a lower court.

(2) “Lower court” means any court of this State over which an appellate court of this State has direct appellate jurisdiction. The Superior Court is a lower court for the purposes of an appeal to the Supreme Court, whether the action of the Superior Court which is subject to review by the Supreme Court is action resulting from the original jurisdiction of that Court in a trial de novo in a proceeding initiated there or initiated in a lower court, or action resulting from a review of action of a lower court under this chapter or any other provision permitting appellate review in the Superior Court.

(3) “Order” includes any judgment, order, ruling, decision, memorandum, opinion, or equivalent entry of the lower court which constitutes a fixed determination by the lower court.

10 Del. C. 1953, § ?9901; 57 Del. Laws, c. 133.;

Terms Used In Delaware Code Title 10 Sec. 9901

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appellate court: means a court of this State having direct appellate jurisdiction over a lower court. See Delaware Code Title 10 Sec. 9901
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lower court: means any court of this State over which an appellate court of this State has direct appellate jurisdiction. See Delaware Code Title 10 Sec. 9901
  • Order: includes any judgment, order, ruling, decision, memorandum, opinion, or equivalent entry of the lower court which constitutes a fixed determination by the lower court. See Delaware Code Title 10 Sec. 9901
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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