Vermont Statutes Title 6 Sec. 3316
Terms Used In Vermont Statutes Title 6 Sec. 3316
- 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.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- Secretary: means the Secretary of Agriculture, Food and Markets or designee. See
§ 3316. Appeal and jurisdiction
(a) Any order issued under subdivision 3304(3) of this title; subdivision 3305(1), (2), or (3) of this title; subsection 3306(e) of this title; or a decision issued by the Secretary under subsection 3306(c) of this title shall be final unless appealed to a Superior Court within 15 days after service. An appeal of any other order or decision of the Secretary may be taken pursuant to 3 Vt. Stat. Ann. chapter 25. Review of any order and the determinations upon which it is based shall be upon the record in the administrative proceeding in which the order was issued.
(b) The Superior Court has legal and equitable jurisdiction to enforce, prevent, and restrain violations of this chapter and has legal and equitable jurisdiction in all other cases arising under this chapter. The Superior Courts are granted jurisdiction to handle criminal matters arising under this chapter and rules. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 154 (Adj. Sess.), § 59.)