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Neo-Babylonian Empire
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Neo-Babylonian Empire
626 BC–539 BC
The Neo-Babylonian Empire at its greatest extent of power
Capital Babylon
Languages Akkadian, Aramaic
Government Monarchy
King
• 626–605 BC Nabopolassar (first)
• 556–539 BC Nabonidus (last)
History
• Babylonian Revolt 626 BC
• Battle of Opis 539 BC
Preceded by Succeeded by
Neo-Assyrian Empire
Achaemenid Empire
Today part of Iraq
Kuwait
Syria
Turkey
Egypt
Saudi Arabia
Jordan
Iran
Lebanon
Israel
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The Neo-Babylonian Empire was a period of Mesopotamian history which began in 626 BC and ended in 539 BC.[1] During the preceding three centuries, Babylonia had been ruled by their fellow Akkadian speakers and northern neighbours, Assyria. A year after the death of the last strong Assyrian ruler, Assurbanipal, in 627 BC, the Assyrian empire spiralled into a series of brutal civil wars. Babylonia rebelled under Nabopolassar. In alliance with the Medes, Persians, Scythians and Cimmerians, they sacked the city of Nineveh in 612 BC, and the seat of empire was transferred to Babylonia for the first time since the death of Hammurabi in the mid 18th century BC. This period witnessed a general improvement in economic life and agricultural production, and a great flourishing of architectural projects, the arts and science.
The Neo-Babylonian period ended with the reign of Nabonidus in 539 BC. To the east, the Persians had been growing in strength, and eventually Cyrus the Great conquered the empire.
Contents
[hide]
1 Historical background
1.1 Revival of old traditions
1.2 Cultural and economic life
2 Neo-Babylonian dynasty
2.1 Nabopolassar 626–605 BC
2.2 Nebuchadnezzar II 605–562 BC
2.3 Amel-Marduk 562–560 BC
2.4 Neriglissar 560–556 BC
2.5 Labashi-Marduk 556 BC
2.6 Nabonidus 556–539 BC
3 Fall of Babylon
4 See also
5 References
Historical background[edit]
Babylonia was subject to and dominated by Assyria during the Neo-Assyrian period (911-616 BC), as it had often been during the Middle Assyrian Empire (1365-1020 BC). The Assyrians of Upper Mesopotamia had usually been able to pacify their southern relations through military might, installing puppet kings, or granting increased privileges.
Revival of old traditions[edit]
After Babylonia regained its independence, Neo-Babylonian rulers were deeply conscious of the antiquity of their kingdom and pursued an archtraditionalist policy, reviving much of the ancient Sumero-Akkadian culture. Even though Aramaic had become the everyday tongue, Akkadian was retained as the language of administration and culture. Archaic expressions from 1500 years earlier were reintroduced in Akkadian inscriptions, along with words in the long-unspoken Sumerian language. Neo-Babylonian cuneiform script was also modified to make it look like the old 3rd-millennium BC script of Akkad.
Ancient artworks from the heyday of Babylonia's imperial glory were treated with near-religious reverence and were painstakingly preserved. For example, when a statue of Sargon the Great was found during construction work, a temple was built for it, and it was given offerings. The story is told of how Nebuchadnezzar, in his efforts to restore the Temple at Sippar, had to make repeated excavations until he found the foundation deposit of Naram-Sin of Akkad. The discovery then allowed him to rebuild the temple properly. Neo-Babylonians also revived the ancient Sargonid practice of appointing a royal daughter to serve as priestess of the moon-god Sin.
Cultural and economic life[edit]
Much more is known about Mesopotamian culture and economic life under the Neo-Babylonians than about the structure and mechanics of imperial administration. It is clear that for southern Mesopotamia, the Neo-Babylonian period was a renaissance. Large tracts of land were opened to cultivation. Peace and imperial power made resources available to expand the irrigation systems and to build an extensive canal system. The Babylonian countryside was dominated by large estates, which were given to government officials as a form of pay. The estates were usually managed by local entrepreneurs, who took a cut of the profits. Rural folk were bound to these estates, providing both labour and rents to their landowners.
Urban life flourished under the Neo-Babylonians. Cities had local autonomy and received special privileges from the kings. Centered on their temples, the cities had their own law courts, and cases were often decided in assemblies. Temples dominated urban social structure, just as they did the legal system, and a person's social status and political rights were determined by where they stood in relation to the religious hierarchy. Free laborers like craftsmen enjoyed high status and a sort of guild system came into existence, which gave them collective bargaining power. The period witnessed a general improvement in economic life, agricultural production, and a significant increase in architectural projects, the arts and science.
Neo-Babylonian dynasty[edit]
Dynasty XI of Babylon (Neo-Babylonian)
Nabu-apla-usur 626–605 BC
Nabu-kudurri-usur II 605–562 BC
Amel-Marduk 562–560 BC
Neriglissar 560–556 BC
Labaši-Marduk 556 BC
Nabonidus 556–539 BC
Nabopolassar 626–605 BC[edit]
The Ishtar Gate of Babylon as reconstructed in the Pergamon Museum in Berlin
After the death of Ashurbanipal in 627 BC, the Assyrian Empire began to disintegrate, riven by internal strife. Ashur-etil-ilani co-ruled with Ashurbanipal from 630 BC, while an Assyrian governor named Kandalanu sat on the throne of Babylon on behalf of his king. Babylonia seemed secure until both Ashurbanipal and Kandalanu died in 627 BC, and Assyria spiralled into a series of internal civil wars which would ultimately lead to its destruction. An Assyrian general, Sin-shumu-lishir, revolted in 626 BC and declared himself king of Assyria and Babylon, but was promptly ousted by the Assyrian Army loyal to king Ashur-etil-ilani in 625 BC. Babylon was then taken by another son of Ashurbanipal Sin-shar-ishkun, who proclaimed himself king. His rule did not last long however, and the Babylonians revolted. Nabopolassar seized the throne amid the confusion, and the Neo-Babylonian dynasty was born. Babylonia as a whole then became a battle ground between king Ashur-etil-ilani and his brother Sin-shar-ishkun who fought to and fro over the region. This anarchic situation allowed Nabopolassar to stay on the throne of the city of Babylon itself, spending the next three years undisturbed, consolidating his position in the city.[2]
However, in 623 BC, Sin-shar-ishkun killed his brother the king in battle at Nippur in Babylonia, seized the throne of Assyria, and then set about retaking Babylon from Nabopolassar. Nabopolassar was forced to endure Assyrian armies encamped in Babylonia over the next seven years. However, he resisted, aided by the continuing civil war in Assyria itself, which greatly hampered Sin-shar-ishkun's attempts to retake the parts of Babylonia held by Nabopolassar. Nabopolassar took Nippur in 619 BC, a key centre of pro-Assyrianism in Babylonia, and by 616 BC, he was still in control of much of southern Mesopotamia. Assyria, still riven with internal strife, had by this time lost control of its colonies, who had taken advantage of the various upheavals to free themselves. The empire had stretched from Cyprus to Persia and The Caucasus to Egypt at its height.
Nabopolassar attempted a counterattack; he marched his army into Assyria proper in 616 BC and tried to besiege Assur and Arrapha (Kirkuk), but was defeated by Sin-shar-ishkun and driven back into Babylonia. A stalemate seemed to have ensued, with Nabopolassar unable to make any inroads into Assyria despite its greatly weakened state, and Sin-shar-ishkun unable to eject Nabopolassar from Babylon due to the unremitting civil war in Assyria itself.
However the balance of power was decisively tipped when Cyaxares, ruler of the Iranic peoples (the Medes, Persians and Parthians), and technically a vassal of Assyria, attacked a war-weary Assyria without warning in late 615 BC, sacking Arrapha and Kalhu (the Biblical Calah/Nimrud). Then in 614 BC Cyaxares, in alliance with the Scythians and Cimmerians, besieged and took Assur, with Nabopolassar remaining uninvolved in these successes.[3]
Nabopolassar too then made active alliances with other former subjects of Assyria; the Medes, Persians, Scythians and Cimmerians.
During 613 BC the Assyrian army seems to have rallied and successfully repelled Babylonian, Median and Scythian attacks. However, in 612 BC Nabopolassar and the Median king Cyaxares led a concentrated coalition of forces including Babylonians, Chaldeans, Medes, Persians, Scythians and Cimmerians in an attack on Nineveh. The size of the forces ranged against Assyria in its weakened state proved too much, and, after a bitter three-month siege, followed by house-to-house fighting, Nineveh finally fell, with Sin-shar-ishkun being killed defending his capital.
An Assyrian general, Ashur-uballit II, became king of Assyria amid the fighting. According to the Babylonian Chronicle he was offered the chance to bow in vassalage to the rulers of the alliance. However, he refused, and managed to fight his way free of Nineveh to set up a new capital at Harran. Nabopolassar, Cyaxares, and their allies, then fought Ashur-uballit II for a further five years, until Harran fell in 608 BC; after a failed attempt to retake the city, Ashur-uballit II disappeared from the pages of history.
The Egyptians under Pharaoh Necho II had invaded the near east in 609 BC in a belated attempt to help their former Assyrian rulers. Nabopolassar (with the help of his son and future successor Nebuchadnezzar II) spent the last years of his reign dislodging the Egyptians (who were supported by Greek mercenaries and the remnants of the Assyrian army) from Syria, Asia Minor, northern Arabia and Israel. Nebuchadnezzar proved to be a capable and energetic military leader, and the Egyptians, Assyrians and their mercenary allies were finally defeated by the Babylonians, Medes and Scythians at the battle of Carchemish in 605 BC.
The Babylonians were now left in possession of much of Assyria, with the northern reaches being held by the Medes, however they appear to have made no attempt to occupy it, preferring to concentrate on rebuilding southern Mesopotamia.
Nebuchadnezzar II 605–562 BC[edit]
An engraving on an eye stone of onyx with an inscription of Nebuchadnezzar II
Nebuchadnezzar II became king after the death of his father.
Nebuchadnezzar was a patron of the cities and a spectacular builder. He rebuilt all of Babylonia's major cities on a lavish scale. His building activity at Babylon was what turned it into the immense and beautiful city of legend. His city of Babylon covered more than three square miles, surrounded by moats and ringed by a double circuit of walls. The Euphrates flowed through the center of the city, spanned by a beautiful stone bridge. At the center of the city rose the giant ziggurat called Etemenanki, "House of the Frontier Between Heaven and Earth," which lay next to the Temple of Marduk.
Nebuchadnezzar II conducted successful military campaigns in Syria and Phoenicia, forcing tribute from Damascus, Tyre and Sidon. He conducted numerous campaigns in Asia Minor, in the "land of the Hatti". Like the Assyrians, the Babylonians had to campaign yearly in order to control their colonies.
In 601 BC, Nebuchadnezzar II was involved in a major, but inconclusive, battle against the Egyptians. In 599 BC, he invaded Arabia and routed the Arabs at Qedar. In 597 BC, he invaded Judah and captured Jerusalem and deposed its king Jehoiachin. Egyptian and Babylonian armies fought each other for control of the near east throughout much of Nebuchadnezzar's reign, and this encouraged king Zedekiah of Judah to revolt. After an 18-month siege, Jerusalem was captured in 587 BC, and thousands of Jews were deported to Babylon, and Solomon's Temple was razed to the ground.
By 572 Nebuchadnezzar was in full control of Babylonia, Assyria, Phoenicia, Israel, Philistinia, northern Arabia, and parts of Asia Minor. Nebuchadnezzar fought the Pharaohs Psammetichus II and Apries throughout his reign, and in 568 BC during the reign of Pharaoh Amasis, invaded Egypt itself.[4]
Amel-Marduk 562–560 BC[edit]
Amel-Marduk was the son and successor of Nebuchadnezzar II. He reigned only two years (562–560 BC). According to the Biblical Book of Kings, he pardoned and released Jehoiachin, king of Judah, who had been a prisoner in Babylon for thirty-seven years. Allegedly, because Amel-Marduk tried to modify his father's policies, he was murdered by Neriglissar, his brother-in-law.
Neriglissar 560–556 BC[edit]
Babylonian wall relief in the Pergamon Museum in Berlin
Neriglissar appears to have been a more stable ruler, conducting a number of public works, restoring temples etc.
He conducted successful military campaigns against Cilicia, which had threatened Babylonian interests. Neriglissar however reigned for only four years, being succeeded by the youthful Labashi-Marduk. It is unclear if Neriglissar was himself a member of the Chaldean tribe, or a native of the city of Babylon.
Labashi-Marduk 556 BC[edit]
Labashi-Marduk was a king of Babylon (556 BC), and son of Neriglissar. Labashi-Marduk succeeded his father when still only a boy, after the latter's four-year reign. He was murdered in a conspiracy only nine months after his inauguration.[citation needed] Nabonidus was consequently chosen as the new king.
Nabonidus 556–539 BC[edit]
Nabonidus's (Nabû-na'id in Babylonian) noble credentials are not clear, although he was not a Chaldean but from Assyria, in the city of Harran. He says himself in his inscriptions that he is of unimportant origins.[5] Similarly, his mother, Adda-Guppi,[6] who lived to high age and may have been connected to the temple of the Akkadian moon god Sîn in Harran; in her inscriptions does not mention her descent. His father was Nabû-balatsu-iqbi, a commoner.[7]
For long periods he entrusted rule to his son, Prince Belshazzar. He was a capable soldier but poor politician. All of this left him somewhat unpopular with many of his subjects, particularly the priesthood and the military class.[8]
The Marduk priesthood hated Nabonidus because of his suppression of Marduk's cult and his elevation of the cult of the moon-god Sin.[9][10] When Cyrus the Great conquered Babylonia, he portrayed himself as the savior chosen by Marduk to restore order and justice.[11]
To the east, the Persians had been growing in strength, and Cyrus the Great was very popular in Babylon itself.[12][13] A sense of Nabonidus' religiously-based negative image survives in Jewish literature, such as the works of Josephus,[14] and the Jews initially greeted the Persians as liberators.[15]
Fall of Babylon[edit]
Main article: Fall of Babylon
This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (August 2016) (Learn how and when to remove this template message)
In 549 BC Cyrus the Great, the Achaemenid king of Persia, revolted against his suzerain Astyages, king of Media, at Ecbatana. Astyages' army betrayed him to his enemy, and Cyrus established himself as ruler of all the Iranic peoples, as well as the pre-Iranian Elamites and Gutians.
In 539 BC, Cyrus invaded Babylonia. Nabonidus sent his son Belshazzar to head off the huge Persian army; however, already massively outnumbered, Belshazzar was betrayed by Gobryas, governor of Assyria, who switched his forces over to the Persian side. The Babylonian forces were overwhelmed at the battle of Opis. Nabonidus fled to Borsippa, and on 12 October, after Cyrus' engineers had diverted the waters of the Euphrates, "the soldiers of Cyrus entered Babylon without fighting." Belshazzar in Xenophon is reported to have been killed, but his account is not held to be reliable here.[16] Nabonidus surrendered and was deported. Gutian guards were placed at the gates of the great temple of Bel, where the services continued without interruption. Cyrus arrived in Babylon on 3 October, Gobryas having acted for him in his absence. Gobryas was then made governor of the province of Babylon.
Cyrus claimed to be the legitimate successor of the ancient Babylonian kings and the avenger of Bel-Marduk, who was assumed to be wrathful at the impiety of Nabonidus in removing the images of the local gods from their ancestral shrines, to his capital Babylon. Nabonidus, in fact, had excited a strong feeling against himself by attempting to centralize the religion of Babylonia in the temple of Marduk at Babylon, and while he had thus alienated the local priesthoods, the military party despised him on account of his antiquarian tastes. He seems to have left the defense of his kingdom to others, occupying himself with the more congenial work of excavating the foundation records of the temples and determining the dates of their builders.
The invasion of Babylonia by Cyrus was doubtless facilitated by the existence of a disaffected party in the state, as well and the presence of foreign exiles like the Jews. Accordingly, one of Cyrus' first acts was to allow these exiles to return to their homelands, carrying with them the images of their gods and their sacred vessels. The permission to do so was embodied in a proclamation, whereby the conqueror endeavored to justify his claim to the Babylonian throne. The feeling was still strong that none had a right to rule over western Asia until he had been consecrated to the office by Bel and his priests; and accordingly, Cyrus henceforth assumed the imperial title of "King of Babylon."
Babylon, like Assyria, became a colony of Achaemenid Persia.
See also[edit]
Babylon
List of Kings of Babylon
Cylinder of Nabonidus
Timeline of the Assyrian Empire
References[edit]
Jump up ^ Talley Ornan, The Triumph of the Symbol: Pictorial Representation of Deities in Mesopotamia and the Biblical Image Ban (Göttingen: Academic Press Fribourg, 2005), 4 n. 6
Jump up ^ Georges Roux - Ancient Iraq p. 373-374
Jump up ^ Georges Roux - Ancient Iraq p. 375
Jump up ^ "Nebuchadnezzar." Encyclopedia of World Biography. 2004. Encyclopedia.com.
Jump up ^ M. Heinz and M.H. Feldman (eds.), Representations of political power: Case histories from times of change and dissolving order in the ancient Near East (Winona Lake IN: Eisenbrauns 2007), 137–66.
Jump up ^ Joan Oates, Babylon, revised ed., Thames & Hudson, 1986, p.132
Jump up ^ Georges Roux, Ancient Iraq, 3rd ed., Penguin Books, London, 1991, p.381
Jump up ^ John Haywood, The Penguin Historical Atlas of Ancient Civilizations, Penguin Books Ltd. London, 2005, p.49
Jump up ^ A.T. Olmstead, History of the Persian Empire, Univ. of Chicago Press, 1948, p.38
Jump up ^ Joan Oates, Babylon, revised ed., Thames & Hudson, 1986, p.133
Jump up ^ Georges Roux, Ancient Iraq, 3rd ed., Penguin Books, London, 1991, p.382
Jump up ^ Georges Roux, Ancient Iraq, 3rd ed., Penguin Books, London, 1991, p.381-382
Jump up ^ Joan Oates, Babylon, revised ed., Thames & Hudson, 1986, p.134-135
Jump up ^ Josephus, The New Complete Works, translated by William Whiston, Kregel Publications, 1999, "Antiquites" Book 10:11, p.354
Jump up ^ Isaiah 45 | Biblegateway.com
Jump up ^ Harper's Bible Dictionary, ed. by Achtemeier, etc., Harper & Row, San Francisco, 1985, p.103
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Tempera
From Wikipedia, the free encyclopedia
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This article is about the painting medium. For the Japanese food, see Tempura. For other uses, see Tempera (disambiguation).
Madonna and Child by Duccio, tempera and gold on wood, 1284, Siena
Tempera (Italian: [ˈtɛmpera]), also known as egg tempera, is a permanent, fast-drying painting medium consisting of colored pigments mixed with a water-soluble binder medium (usually glutinous material such as egg yolk or some other size). Tempera also refers to the paintings done in this medium. Tempera paintings are very long lasting, and examples from the first century AD still exist. Egg tempera was a primary method of painting until after 1500 when it was superseded by the invention of oil painting. A paint consisting of pigment and glue size commonly used in the United States as poster paint is also often referred to as "tempera paint," although the binders and sizes in this paint are different from traditional tempera paint.
Contents
[hide]
1 History
2 Technique
2.1 Egg tempera
2.2 Tempera grassa
2.3 Pigments
2.4 Application
2.5 Ground
2.6 Pre-made paints
3 Artists
3.1 Revival in 20th-century American art
3.2 20th-century Indian art
3.3 In contemporary art
4 Gallery
5 See also
6 References
7 Further reading
8 External links
History[edit]
A 1367 tempera on wood by Niccolò Semitecolo.
Tempera painting has been found on early Egyptian sarcophagi decorations. Many of the Fayum mummy portraits use tempera, sometimes in combination with encaustic.
A related technique has been used also in ancient and early medieval paintings found in several caves and rock-cut temples of India.[1] High-quality art with the help of tempera was created in Bagh Caves between the late 4th and 10th centuries AD and in the 7th century AD in Ravan Chhaya rock shelter, Orissa.[2]
The art technique was known from the classical world, where it appears to have taken over from encaustic painting[citation needed] and was the main medium used for panel painting and illuminated manuscripts in the Byzantine world and Medieval and Early renaissance Europe. Tempera painting was the primary panel painting medium for nearly every painter in the European Medieval and Early renaissance period up to 1500. For example, every surviving panel painting by Michelangelo is egg tempera.
Oil paint, which may have originated in Afghanistan between the 5th and 9th centuries[3] and migrated westward in the Middle Ages[4] eventually superseded tempera. Oil replaced tempera as the principal medium used for creating artwork during the 15th century in Early Netherlandish painting in northern Europe. Around 1500, oil paint replaced tempera in Italy. In the 19th and 20th centuries, there were intermittent revivals of tempera technique in Western art, among the Pre-Raphaelites, Social Realists, and others. Tempera painting continues to be used in Greece and Russia where it is the traditional medium for Orthodox icons.
Technique[edit]
Tempera is traditionally created by hand-grinding dry powdered pigments into a binding agent or medium, such as egg, honey, milk (in the form of casein) and a variety of plant gums.
Tempera painting starts with placing a small amount of the powdered pigment onto a palette, dish or bowl and adding about an equal volume of the binder and mixing. Some pigments require slightly more binder, some require less. A few drops of distilled water are added; then the binder (egg emulsion) is added in small increments to the desired transparency. The more egg emulsion, the more transparent the paint.
Egg tempera[edit]
The most common form of classical tempera painting is "egg tempera". For this form most often only the contents of the egg yolk is used. The white of the egg and the membrane of the yolk are discarded (the membrane of the yolk is dangled over a receptacle and punctured to drain off the liquid inside). Egg yolk is rarely used by itself with pigment; it dries almost immediately and can crack when it is dry. Some agent is always added, in variable proportions. One recipe calls for vinegar (1:1 proportion to egg yolk by volume); other recipes suggest white wine (1 part yolk, 2 parts wine). Some schools of egg tempera use various mixtures of egg yolk and water.
When used to paint icons on church walls, liquid myrrh is sometimes added to the mixture to give the paint a pleasing odor, particularly as worshipers may find the egg tempera somewhat pungent for quite some time after completion.
The paint mixture has to be constantly adjusted to maintain a balance between a "greasy" and "watery" consistency by adjusting the amount of water and yolk. As tempera dries, the artist will add more water to preserve the consistency and to balance the thickening of the yolk on contact with air. Once prepared, the paint cannot be stored. Egg tempera is water-resistant, but not waterproof.
Different preparations use the egg white or the whole egg for different effect. Other additives such as oil and wax emulsions can modify the medium.
Egg tempera is not a flexible paint and requires stiff boards; painting on canvas will cause cracks to form and chips of paint to fall off.
Tempera grassa[edit]
Adding oil in no more than a 1:1 ratio with the egg yolk by volume produces a water-soluble medium with many of the color effects of oil paint, although it cannot be painted thickly.
Pigments[edit]
Some of the pigments used by medieval painters, such as cinnabar (contains mercury), orpiment (contains arsenic), or lead white (contains lead) are highly toxic. Most artists today use modern synthetic pigments, which are less toxic but have similar color properties to the older pigments. Even so, many (if not most) modern pigments are still dangerous unless certain precautions are taken; these include keeping pigments wet in storage to avoid breathing their dust.
Application[edit]
Tempera paint dries rapidly. It is normally applied in thin, semi-opaque or transparent layers. Tempera painting allows for great precision when used with traditional techniques that require the application of numerous small brush strokes applied in a cross-hatching technique. When dry, it produces a smooth matte finish. Because it cannot be applied in thick layers as oil paints can, tempera paintings rarely have the deep color saturation that oil paintings can achieve because it can hold less pigment (lower pigment load). In this respect the colors of an unvarnished tempera painting resemble a pastel, although the color deepens if a varnish is applied. On the other hand, tempera colors do not change over time,[5] whereas oil paints darken, yellow, and become transparent with age.[6]
Ground[edit]
Pietro Lorenzetti's Tarlati polyptych, Tempera and gold on panel, 1320
Tempera adheres best to an absorbent ground that has a lower "oil" content than the tempera binder used[7] (the traditional rule of thumb is "fat over lean", and never the other way around).[8] The ground traditionally used is inflexible Italian gesso, and the substrate is usually rigid as well.[9] Historically wood panels were used as the substrate, and more recently un-tempered masonite and modern composite boards have been employed. Heavy paper is also used.
Pre-made paints[edit]
Apart from the traditional process of mixing pigment with egg yolk, new methods include egg tempera sold in tubes by manufacturers such as Sennelier and Daler-Rowney. These paints do contain a slight amount of oil to enhance durability within the container. Marc Chagall used Sennelier egg tempera tube paints extensively.
Artists[edit]
Although tempera has been out of favor since the Late Renaissance and Baroque eras, it has been periodically rediscovered by later artists such as William Blake, the Nazarenes, the Pre-Raphaelites, and Joseph Southall. The 20th century saw a significant revival of tempera. European painters who worked with tempera include Giorgio de Chirico, Otto Dix, Eliot Hodgkin, Pyke Koch,[10] and Pietro Annigoni, who used an emulsion of egg yolks, stand oil and varnish.
Revival in 20th-century American art[edit]
The tempera medium was used by American artists such as the Regionalists Andrew Wyeth, Thomas Hart Benton and his student Roger Medearis; expressionists Ben Shahn, Mitchell Siporin and John Langley Howard, magic realists George Tooker, Paul Cadmus, Jared French, Julia Thecla and Louise E. Marianetti; Art Students League of New York instructors Kenneth Hayes Miller and William C. Palmer, Social Realists Kyra Markham, Isabel Bishop, Reginald Marsh, and Noel Rockmore, Edward Laning, Anton Refregier, Jacob Lawrence, Rudolph F. Zallinger, Robert Vickrey, Peter Hurd, and science fiction artist John Schoenherr, notable as the cover artist of Dune.
20th-century Indian art[edit]
In the early part of the 20th century, a large number of Indian artists, notably of Bengal school took up tempera as one of their primary media of expression. Artists such as Gaganendranath Tagore, Asit Kumar Haldar, Abanindranath Tagore, Nandalal Bose, Kalipada Ghoshal and Sughra Rababi were foremost. After the 1950s, artists such as Jamini Roy and Ganesh Pyne established tempera as a medium for the new age artists of India.
In contemporary art[edit]
Other practicing tempera artists include Philip Aziz, Ernst Fuchs, Antonio Roybal, George Huszar, Donald Jackson, Tim Lowly, Altoon Sultan, Shaul Shats, Sandro Chia, Tim Donovan, Alex Colville, Robert Vickrey, Andrew Wyeth, Andrew Grassie, and Ganesh Pyne.
Gallery[edit]
The Birth of Venus, Sandro Botticelli, Florence, Tempera on canvas, c. 1486
Guido da Siena, Church of San Regolo, Siena, Tempera and gold on panel, 1285-1295
Madonna and Child with saints polyptych, Duccio, Tempera and gold on wood, 1311–1318
Madonna by Sassetta, Cortona, Tempera on wood, 1435
Sandro Botticelli, Tempera on panel, 1490–1500
Crivelli, Tempera on wood, transferred to canvas, 1470
Raphael, Tempera and gold on wood, 1503–1505
Marianne Stokes, Melisande (Stokes), Tempera on canvas, 1895–1898
Angélique Bègue, Odalisque with a yellow turban, Tempera on wood, 2014
Altar Frontal with Christ in Majesty and the Life of Saint Martin. The Walters Art Museum.
The Crucifixion; Saint Michael. The Walters Art Museum.
Saint Jerome in His Study. The Walters Art Museum.
Christ Enthroned with Saints Sebastian, Leo, Alexander, Peregrine, Philip, Rufianiaus, Justa, Concordius and Decentius, by Bernardo Daddi, 14th century
See also[edit]
Glue-size
References[edit]
Jump up ^ "Ancient and medieval Indian cave paintings – Internet encyclopedia, Wondermondo, June 10, 2010". Wondermondo.com. 2010-06-04. Retrieved 2012-07-29.
Jump up ^ "Ravan Chhaya rock shelter near Sitabinji, Wondermondo, May 23, 2010". Wondermondo.com. 2010-05-23. Retrieved 2012-07-29.
Jump up ^ "World's oldest oil paintings in Afghanistan". Reuters.com. 2008-04-22. Retrieved 2012-07-29.
Jump up ^ Theophilus mentions oil media in the 12th Century
Jump up ^ Mayer, Ralph, 1985. The Artist's Handbook of Materials and Techniques (4th ed.). New York: Viking Penguin Inc., p. 215
Jump up ^ Mayer, 1985, p. 119
Jump up ^ Doerner, Max, 1946. The Materials of the Artist and Their Use in Painting. New York: Harcourt, Brace and Company. p. 230.
Jump up ^ Mayer, Ralph, 1976. The Artist's Handbook of Materials and Techniques (3rd ed.). New York: Viking Penguin Inc., pp. 165, 253.
Jump up ^ Mayer, 1976, p. 269.
Jump up ^ "Zelfportret met zwarte band (1937)". Centraal Museum (Utrecht) (in Dutch).
Further reading[edit]
Altoon Sultan, The Luminous Brush: Painting With Egg Tempera, Watson-Guptill Publications, New York 1999.
Richard J. Boyle, Richard Newman, Hilton Brown: Milk and Eggs: The American Revival of Tempera Painting, 1930-1950 Brandywine River Museum Staff, Akron Art Museum Staff ISBN 0295981903 (0-295-98190-3) Softcover, University of Washington Press
Lara Broecke,'Cennino Cennini's Il Libro dell'Arte: a New English Translation and Commentary with Italian Transcription', Archetype Publications 2015. ISBN 978-190-949-228-8
Daniel V. Thompson, Jr., Materials and Techniques of Medieval Painting, Dover: explanation and expansion on Cennini's works
Daniel V. Thompson, Jr. The Practice of Tempera Painting: Materials and Methods, Dover Publications, Inc. 1962..
Chifan C. Alexandru, " Symbol of hand in fine arts", Artes Publication 2013, Iaşi, Romania, ISBN 978-606-547-100-9
External links[edit]
Wikimedia Commons has media related to Tempera.
About Egg Tempera
Egg Tempera Painting
The Society of Tempera Painters
Making Egg Tempera
Tempera Paintings on Cloth in England
Egg Tempera Resources
Step-by-step Egg Tempera Technique
Authority control
GND: 4059425-7
NDL: 00572853
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86 (term)
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When used as a verb, eighty-six, eighty-sixed, 86, 86ed, or 86'd is American English slang for getting rid of something, ejecting someone, or refusing service.
Contents
[hide]
1 Meaning
2 Etymology
3 Popular uses of term
4 See also
5 References
6 External links
Meaning[edit]
According to Merriam-Webster's Dictionary, "86" is a slang term that is used in the American popular culture as a transitive verb to mean throw out or get rid of, particularly in the food service industry as a term to describe an item no longer available on the menu, or to refuse service to a customer.[1] The Merriam Webster dictionary suggests the term may be associated with the word "nix" ("no" or a more general prohibition).[1]
The term is part of restaurant slang, seen among restaurant workers in the 1930s,[2] where 86 meant "we're all out of it." Walter Winchell published examples of similar restaurant slang in his newspaper column in 1933, which he presented as part of a "glossary of soda-fountain lingo."[3]
Etymology[edit]
Several possible origins of the term 86 have been suggested, all dated before the 1950s.
United States Navy decommissioning: One possible origin is from the U.S. Navy's Allowance Type (AT) coding system used for logistics. The allowance type code is a single digit that identifies the reason that materiel is being carried in stock. Throughout the life-cycle of a warship, many pieces of equipment are upgraded or replaced, requiring onboard spare parts to be disposed of, and the code is AT-6 for parts designated for disposal.[4] Following World War II, there were a great number of warships being decommissioned, sold, scrapped, or deactivated and placed in reserve (commonly referred to as "mothballed"). During this process, labor workers would bring up spare parts from the storerooms and the supply clerk would tell them the AT code. Anything to be disposed of was referred to as AT-6— which is pronounced the same as "86".
Looking north at Chumley's, 86 Bedford St, West Village.
86 Bedford Street: Author Jef Klein theorizes that the bar Chumley's at 86 Bedford Street in the West Village of Lower Manhattan was the source. Klein's 2006 book The History and Stories of the Best Bars of New York claims that the police would call Chumley's bar during prohibition before making a raid and tell the bartender to "86" his customers, meaning that they should exit out the 86 Bedford Street door, while the police would come to the Pamela Court entrance.[5]
Documented 1944 use: According to the Oxford English Dictionary, the first verifiable use of 86 in the sense of "refuse service to" dates to a 1944 book about John Barrymore, a movie star of the 1920s famous for his acting and infamous for his drinking: "There was a bar in the Belasco building ... but Barrymore was known in that cubby as an 'eighty-six'. An 'eighty-six', in the patois of western dispensers, means: 'Don't serve him.'"[6]
Electrical Protection: According to IEEE Std. C37.2-2008 (and previous versions of this standard which was originally published by the American Institute of Electrical Engineers [AIEE] as AIEE No. 26 in 1928), Device Number 86 is a lockout relay, which is a "device that trips and maintains the associated equipment or devices as inoperative until it is reset by an operator, either locally or remotely." In lay terms, an 86 device "locks out" a piece of electrical equipment, which is to say that it turns the equipment off so that it cannot restart until the appropriate person investigates the problem and then resets the 86 device.
Popular uses of term[edit]
This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (March 2018) (Learn how and when to remove this template message)
1947: In the song "Boogie Woogie Blue Plate" by Louis Jordan, one line is "86 on the cherry pies" as one of many examples of short-order restaurant lingo.
1957: The main character in Gore Vidal's play Visit to a Small Planet[7] uses the command "86" numerous times to destroy things.
In the television series Get Smart, agent Maxwell Smart was code-named Agent 86.
1973: Thomas Pynchon used the term "86" in Gravity's Rainbow: "They did finally 86 him out of Massachusetts Bay Colony."
1976: Jimmy Buffett’s song “Cliches” from the Havana Daydreamin’ album has a line “she’s 86’d from the Chart Room”, meaning she is not allowed back there.
1989: David B. Feinberg published the novel "Eighty-sixed" contrasting life in New York just before HIV to life in 1986 when AIDS had become a major health crisis in the city.
Filmmaker Dave Markey made a documentary about the final tour of the infamous hardcore punk band Black Flag entitled Reality 86'd. The movie was filmed in 1986 during the band's final tour, but wasn't released until 1991.
1995: Green Day wrote a song titled "86" off of their Insomniac album. The song is in reference to the band being banned from the punk club 924 Gilman Street-- as well as the backlash they received from the punk community at large-- due to their decision to sign to a major label.[8]
2001: The Princess Diaries (film)'s main protagonist Mia Thermopolis asked her bodyguard/driver Joe, "Can we 86 the flags please?" (referring to the flags on the royal limousine) to which the latter refused.
Alison Bechdel's 2006 autobiographic novel Fun Home includes an incident about her and a few friends getting 86ed from Chumley's Bar.
Dan Fante's 2009 novel 86'd is about a man who gets fired and battles his alcoholism.[9]
Family Guy’s episode Tales of a Third Grade Nothing. The phrase is uttered by Andy Dick as he bursts into the club.
Cars's main antagonist Chick Hicks has this number which means he rammed other cars and got rid of them.
2014: In the film "Fury" after the disastrous tank battle, commander "Wardaddy" Collier (Brad Pitt) tests communications and declares "radio's 86".
2015: The song "The Remedy" on the album Money Shot by Puscifer contains the line "Trolls receive 86's" meaning there is a zero tolerance policy for inappropriate behavior.
2017: "EIGHTY-SIXED", a short web-based mini-series from Cazzie David, daughter of Larry David, debuted that surrounded her breakup with a boyfriend.
See also[edit]
List of restaurant terminology
References[edit]
^ Jump up to: a b "Eighty-six - Definition of eighty-six by Merriam-Webster". merriam-webster.com.
Jump up ^ "What does '86'd' or '86 It' Mean in Restaurant Jargon?". Culinary Lore. March 8, 2015. Retrieved August 12, 2015.
Jump up ^ "linguistlist.org: Soda Jerk Slang & Coney Island Chicken (Winchell, 1933)". linguistlist.org.
Jump up ^ NAVSUP P-485 Volume II (PDF). Defense Logistics Agency. p. 369.
Jump up ^ Klein, Jef (2006). The History and Stories of the Best Bars of New York. Turner Publishing Company.
Jump up ^ "snopes.com: Etymology of 86". snopes.com.
Jump up ^ New York Times, "The Theatre: 'Visit to a Small Planet'; Vidal's Foolish Notion Is Staged at Booth The Cast," by Brooks Atkinson; February 8, 1957, page 18
Jump up ^ "86 by Green Day,". songfacts.com. 16 December 2017.
Jump up ^ "Dan Fante, Confronting His Demons On The Page". NPR.org. 29 September 2009.
External links[edit]
Look up eighty-six in Wiktionary, the free dictionary.
"eighty-six"="nix" Yaelf.com, the alt.usage.english FAQ
Snopes.com: Etymology of the slang term "86"
Retrieved from "https://en.wikipedia.org/w/index.php?title=86_(term)&oldid=837829693"
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Appellate procedure in the United States
From Wikipedia, the free encyclopedia
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The Court of Appeals in Washington, D.C.
United States appellate procedure involves the rules and regulations for filing appeals in state courts and federal courts. The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted. There are many types of standard of review for appeals, such as de novo and abuse of discretion. However, most appeals begin when a party files a petition for review to a higher court for the purpose of overturning the lower court's decision.
An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, procedure or due process. In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from state to state. The right to file an appeal can also vary from state to state; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.[1]
Contents
[hide]
1 Access to appellant status
2 Ability to appeal
3 Direct or collateral: Appealing criminal convictions
3.1 Appellate review
3.1.1 Direct Appeal
3.1.1.1 Preservation Issues
3.1.2 State Post Conviction Relief: Collateral Appeal
3.1.3 Habeas Corpus
4 Notice of appeal
5 Appellate procedure
6 Results
7 See also
8 References
Access to appellant status[edit]
A party who files an appeal is called an "appellant", "plaintiff in error", "petitioner" or "pursuer", and a party on the other side is called a "appellee". A "cross-appeal" is an appeal brought by the respondent. For example, suppose at trial the judge found for the plaintiff and ordered the defendant to pay $50,000. If the defendant files an appeal arguing that he should not have to pay any money, then the plaintiff might file a cross-appeal arguing that the defendant should have to pay $200,000 instead of $50,000.
The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered. This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence.
The appellant in the new case can be either the plaintiff (or claimant), defendant, third-party intervenor, or respondent (appellee) from the lower case, depending on who was the losing party. The winning party from the lower court, however, is now the respondent. In unusual cases the appellant can be the victor in the court below, but still appeal.
An appellee is the party to an appeal in which the lower court judgment was in its favor. The appellee is required to respond to the petition, oral arguments, and legal briefs of the appellant. In general, the appellee takes the procedural posture that the lower court's decision should be affirmed.
Ability to appeal[edit]
An appeal "as of right" is one that is guaranteed by statute or some underlying constitutional or legal principle. The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision. In the Supreme Court, review in most cases is available only if the Court exercises its discretion and grants a writ of certiorari.[2]
In tort, equity, or other civil matters either party to a previous case may file an appeal. In criminal matters, however, the state or prosecution generally has no appeal "as of right". And due to the double jeopardy principle, the state or prosecution may never appeal a jury or bench verdict of acquittal. But in some jurisdictions, the state or prosecution may appeal "as of right" from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion. Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law "by leave" from the trial court or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally.[3] All parties must present grounds to appeal, or it will not be heard.
By convention in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the court hierarchy. This is not always true, however. In the federal courts, the parties' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the Supreme Court.[citation needed]
Direct or collateral: Appealing criminal convictions[edit]
Many jurisdictions recognize two types of appeals, particularly in the criminal context.[4][5][6] The first is the traditional "direct" appeal in which the appellant files an appeal with the next higher court of review. The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance—usually the court that tried the case.
The key distinguishing factor between direct and collateral appeals is that the former occurs in state courts, and the latter in federal courts.[dubious – discuss]
Relief in post-conviction is rare and is most often found in capital or violent felony cases. The typical scenario involves an incarcerated defendant locating DNA evidence demonstrating the defendant's actual innocence.
Appellate review[edit]
"Appellate review" is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts. It is distinguished from judicial review, which refers to the court's overriding constitutional or statutory right to determine if a legislative act or administrative decision is defective for jurisdictional or other reasons (which may vary by jurisdiction).
In most jurisdictions the normal and preferred way of seeking appellate review is by filing an appeal of the final judgment. Generally, an appeal of the judgment will also allow appeal of all other orders or rulings made by the trial court in the course of the case. This is because such orders cannot be appealed "as of right". However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contempt of court, can be appealed immediately although the case may otherwise not have been fully disposed of.
There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d]irect appeal statutes afford defendants the opportunity to challenge the merits of a judgment and allege errors of law or fact. ... [Collateral review], on the other hand, provide[s] an independent and civil inquiry into the validity of a conviction and sentence, and as such are generally limited to challenges to constitutional, jurisdictional, or other fundamental violations that occurred at trial." "Graham v. Borgen", 483 F 3d. 475 (7th Cir. 2007) (no. 04-4103) (slip op. at 7) (citation omitted).
In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases. There is no corresponding right to a writ in any pure or continental civil law legal systems, though some mixed systems such as Quebec recognize these prerogative writs.
Direct Appeal[edit]
After exhausting the first appeal as of right, defendants usually petition the highest state court to review the decision. This appeal is known as a direct appeal.[7] The highest state court, generally known as the Supreme Court, exercises discretion over whether it will review the case. On direct appeal, a prisoner challenges the grounds of the conviction based on an error that occurred at trial or some other stage in the adjudicative process.
Preservation Issues[edit]
An appellant's claim(s) must usually be preserved at trial. This means that the defendant had to object to the error when it occurred in the trial. Because constitutional claims are of great magnitude, appellate courts might be more lenient to review the claim even if it was not preserved. For example, Connecticut applies the following standard to review unpreserved claims: 1.the record is adequate to review the alleged claim of error; 2. the claim is of constitutional magnitude alleging the violation of a fundamental right; 3. the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; 4. if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt.[8]
State Post Conviction Relief: Collateral Appeal[edit]
All States have a post-conviction relief process. Similar to federal post-conviction relief, an appellant can petition the court to correct alleged fundamental errors that were not corrected on direct review.[9] Typical claims might include ineffective assistance of counsel and actual innocence based on new evidence. These proceedings are normally separate from the direct appeal, however some states allow for collateral relief to be sought on direct appeal.[10] After direct appeal, the conviction is considered final. An appeal from the post conviction court proceeds just as a direct appeal. That is, it goes to the intermediate appellate court, followed by the highest court. If the petition is granted the appellant could be released from incarceration, the sentence could be modified, or a new trial could be ordered.[11]
Habeas Corpus[edit]
Main article: Habeas corpus in the United States
Notice of appeal[edit]
A "notice of appeal" is a form or document that in many cases is required to begin an appeal. The form is completed by the appellant or by the appellant's legal representative. The nature of this form can vary greatly from country to country and from court to court within a country.
The specific rules of the legal system will dictate exactly how the appeal is officially begun. For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both.
Some courts have samples of a notice of appeal on the court's own web site. In New Jersey, for example, the Administrative Office of the Court has promulgated a form of notice of appeal for use by appellants, though using this exact form is not mandatory and the failure to use it is not a jurisdictional defect provided that all pertinent information is set forth in whatever form of notice of appeal is used.[12]
The deadline for beginning an appeal can often be very short: traditionally, it is measured in days, not months. This can vary from country to country, as well as within a country, depending on the specific rules in force. In the U.S. federal court system, criminal defendants must file a notice of appeal within 10 days of the entry of either the judgment or the order being appealed, or the right to appeal is forfeited.[13]
Appellate procedure[edit]
See also: United States courts of appeals
Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not. The appellate court will typically be deferential to the lower court's findings of fact (such as whether a defendant committed a particular act), unless clearly erroneous, and so will focus on the court's application of the law to those facts (such as whether the act found by the court to have occurred fits a legal definition at issue).
If the appellate court finds no defect, it "affirms" the judgment. If the appellate court does find a legal defect in the decision "below" (i.e., in the lower court), it may "modify" the ruling to correct the defect, or it may nullify ("reverse" or "vacate") the whole decision or any part of it. It may, in addition, send the case back ("remand" or "remit") to the lower court for further proceedings to remedy the defect.
In some cases, an appellate court may review a lower court decision "de novo" (or completely), challenging even the lower court's findings of fact. This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.
Another situation is where appeal is by way of "re-hearing". Certain jurisdictions permit certain appeals to cause the trial to be heard afresh in the appellate court.
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
Generally, there is no trial in an appellate court, only consideration of the record of the evidence presented to the trial court and all the pre-trial and trial court proceedings are reviewed—unless the appeal is by way of re-hearing, new evidence will usually only be considered on appeal in "very" rare instances, for example if that material evidence was unavailable to a party for some very significant reason such as prosecutorial misconduct.
In some systems, an appellate court will only consider the written decision of the lower court, together with any written evidence that was before that court and is relevant to the appeal. In other systems, the appellate court will normally consider the record of the lower court. In those cases the record will first be certified by the lower court.
The appellant has the opportunity to present arguments for the granting of the appeal and the appellee (or respondent) can present arguments against it. Arguments of the parties to the appeal are presented through their appellate lawyers, if represented, or "pro se" if the party has not engaged legal representation. Those arguments are presented in written briefs and sometimes in oral argument to the court at a hearing. At such hearings each party is allowed a brief presentation at which the appellate judges ask questions based on their review of the record below and the submitted briefs.
In an adversarial system, appellate courts do not have the power to review lower court decisions unless a party appeals it. Therefore, if a lower court has ruled in an improper manner, or against legal precedent, that judgment will stand if not appealed – even if it might have been overturned on appeal.
The United States legal system generally recognizes two types of appeals: a trial "de novo" or an appeal on the record.
A trial de novo is usually available for review of informal proceedings conducted by some minor judicial tribunals in proceedings that do not provide all the procedural attributes of a formal judicial trial. If unchallenged, these decisions have the power to settle more minor legal disputes once and for all. If a party is dissatisfied with the finding of such a tribunal, one generally has the power to request a trial "de novo" by a court of record. In such a proceeding, all issues and evidence may be developed newly, as though never heard before, and one is not restricted to the evidence heard in the lower proceeding. Sometimes, however, the decision of the lower proceeding is itself admissible as evidence, thus helping to curb frivolous appeals.
In some cases, an application for "trial de novo" effectively erases the prior trial as if it had never taken place. The Supreme Court of Virginia has stated that '"This Court has repeatedly held that the effect of an appeal to circuit court is to "annul the judgment of the inferior tribunal as completely as if there had been no previous trial."'[14] The only exception to this is that if a defendant appeals a conviction for a crime having multiple levels of offenses, where they are convicted on a lesser offense, the appeal is of the lesser offense; the conviction represents an acquittal of the more serious offenses. "[A] trial on the same charges in the circuit court does not violate double jeopardy principles, . . . subject only to the limitation that conviction in [the] district court for an offense lesser included in the one charged constitutes an acquittal of the greater offense, permitting trial de novo in the circuit court only for the lesser-included offense."[15]
In an appeal on the record from a decision in a judicial proceeding, both appellant and respondent are bound to base their arguments wholly on the proceedings and body of evidence as they were presented in the lower tribunal. Each seeks to prove to the higher court that the result they desired was the just result. Precedent and case law figure prominently in the arguments. In order for the appeal to succeed, the appellant must prove that the lower court committed reversible error, that is, an impermissible action by the court acted to cause a result that was unjust, and which would not have resulted had the court acted properly. Some examples of reversible error would be erroneously instructing the jury on the law applicable to the case, permitting seriously improper argument by an attorney, admitting or excluding evidence improperly, acting outside the court's jurisdiction, injecting bias into the proceeding or appearing to do so, juror misconduct, etc. The failure to formally object at the time, to what one views as improper action in the lower court, may result in the affirmance of the lower court's judgment on the grounds that one did not "preserve the issue for appeal" by objecting.
In cases where a judge rather than a jury decided issues of fact, an appellate court will apply an "abuse of discretion" standard of review. Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion. This is usually defined as a decision outside the bounds of reasonableness. On the other hand, the appellate court normally gives less deference to a lower court's decision on issues of law, and may reverse if it finds that the lower court applied the wrong legal standard.
In some cases, an appellant may successfully argue that the law under which the lower decision was rendered was unconstitutional or otherwise invalid, or may convince the higher court to order a new trial on the basis that evidence earlier sought was concealed or only recently discovered. In the case of new evidence, there must be a high probability that its presence or absence would have made a material difference in the trial. Another issue suitable for appeal in criminal cases is effective assistance of counsel. If a defendant has been convicted and can prove that his lawyer did not adequately handle his case and that there is a reasonable probability that the result of the trial would have been different had the lawyer given competent representation, he is entitled to a new trial.
A lawyer traditionally starts an oral argument to any appellate court with the words "May it please the court."
After an appeal is heard, the "mandate" is a formal notice of a decision by a court of appeal; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court. The mandate is distinguished from the appeal court's opinion, which sets out the legal reasoning for its decision. In some jurisdictions the mandate is known as the "remittitur".
Results[edit]
The result of an appeal can be:
Affirmed: Where the reviewing court basically agrees with the result of the lower courts ruling(s).
Reversed: Where the reviewing court basically disagrees with the result of the lower courts ruling(s), and overturns their decision.
Remanded: Where the reviewing court sends the case back to the lower court.
There can be multiple outcomes, so that the reviewing court can affirm some rulings, reverse others and remand the case all at the same time. Remand is not required where there is nothing left to do in the case. "Generally speaking, an appellate court's judgment provides 'the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified'".[16]
Some reviewing courts who have discretionary review may send a case back without comment other than review improvidently granted. In other words, after looking at the case, they chose not to say anything. The result for the case of review improvidently granted is effectively the same as affirmed, but without that extra higher court stamp of approval.
See also[edit]
Wikiquote has quotations related to: Appellate procedure in the United States
Look up appeal in Wiktionary, the free dictionary.
Appellate court
Appellee
Civil procedure
Court of Appeals
Courts-martial in the United States
Criminal procedure
Defendant
Interlocutory appeal
List of legal topics
Petition for stay
Plaintiff
Pursuer
Reversible error
Supreme Court of the United States
Writ of Certiorari
Writ of habeas corpus
Writ of mandamus
List of wrongful convictions in the United States
References[edit]
Jump up ^ Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 1:2
Jump up ^ "U.S. Supreme Court Rule 10". Legal Information Institute.
Jump up ^ "Consultation Paper on Prosecution Appeals Brought in Cases of Indictment". Law Reform Commission of Ireland. Archived from the original on November 19, 2007.
Jump up ^ "UK Law Online". University of Leeds. Retrieved 2008-03-03.
Jump up ^ "Special Habeas Corpus Procedures in Capital Cases". United States Office of the Law Revision Counsel. Archived from the original on February 28, 2008. Retrieved 2008-03-03.
Jump up ^ "State of Ohio". Ohio 12th District Court of Appeals. Archived from the original on February 27, 2008. Retrieved 2008-03-03.
Jump up ^ Bickford, James. "Opinion Recap:All Judicial Review is either direct or collateral". Anti-Terrorism and Effective Death Penalty Act. SCOTUS Bblog. Retrieved 2011-05-04.
Jump up ^ Dauman, Chad. "Criminal Appeals in the United States: Preservation Issues". blog. Retrieved 2011-04-27.
Jump up ^ Yackle, Larry (2003). Federal Courts, Habeas Corpus. Thomson Reuters.
Jump up ^ [1]
Jump up ^ "Process For Post-Conviction Relief" (PDF). Oregon Department of Justice. Oregon Department of Justice. Retrieved April 27, 2011.
Jump up ^ Jeffrey S. Mandel, New Jersey Appellate Practice (Gann Law Books)
Jump up ^ Rule 4(b)(1)(A)
Jump up ^ "Gaskill v. Commonwealth", 206 Va. 486, 490, 144 S.E.2d 293, 296 (1965)
Jump up ^ "Kenyon v. Commonwealth", 37 Va. App. 668, 673, 561 S.E.2d 17, 19–20
Jump up ^ State v. Randolph, 210 N.J. 330, 350 n.5 (2012), citing Mandel, New Jersey Appellate Practice (Gann Law Books), chapter 28:2
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