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Appellate procedure in the United States | 640 | Notice of appeal | 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. |
Appellate procedure in the United States | 640 | Notice of appeal | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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). |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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.) |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | The United States legal system generally recognizes two types of appeals: a trial "de novo" or an appeal on the record. |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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."' 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." |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | 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. |
Appellate procedure in the United States | 640 | Appellate procedure | A lawyer traditionally starts an oral argument to any appellate court with the words "May it please the court." |
Appellate procedure in the United States | 640 | Appellate procedure | 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". |
Appellate procedure in the United States | 640 | Results | The result of an appeal can be: |
Appellate procedure in the United States | 640 | Results | 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'". |
Appellate procedure in the United States | 640 | Results | 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. |
Appellate procedure in the United States | 640 | External links | inline|appeal}} |
Answer (law) | 642 | In law, an answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem. |
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Answer (law) | 642 | In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. |
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Answer (law) | 642 | In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally speaking in private, civil cases there is no plea entered of guilt or innocence. There is only a judgment that grants money damages or some other kind of equitable remedy such as restitution or a permanent injunction. Criminal cases may lead to fines or other punishment, such as imprisonment. |
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Answer (law) | 642 | The famous Latin Responsa Prudentium ("answers of the learned ones") were the accumulated views of many successive generations of Roman lawyers, a body of legal opinion which gradually became authoritative. |
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Answer (law) | 642 | During debates of a contentious nature, deflection, colloquially known as 'changing the topic', has been widely observed, and is often seen as a failure to answer a question. |
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Appellate court | 643 | An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. |
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Appellate court | 643 | Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony. When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error. The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an "abuse of discretion". This standard tends to be even more deferential than the "clear error" standard. |
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Appellate court | 643 | Before hearing any case, the court must have jurisdiction to consider the appeal. The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, 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. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record). |
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Appellate court | 643 | Bifurcation of civil and criminal appeals | While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by the type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims on the other. In the United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and Oklahoma have the final determination of criminal cases vested in their respective courts of criminal appeals, while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to the state supreme court. |
Appellate court | 643 | Appellate courts by country | The High Court has appellate jurisdiction over all other courts. Leave must be granted by the court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories. Appeals to the High Court are by special leave only, which is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. |
Appellate court | 643 | Appellate courts by country | The Court of Appeal of New Zealand, located in Wellington, is New Zealand's principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. |
Appellate court | 643 | Appellate courts by country | The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in Manila, with three divisions each in Cebu City and Cagayan de Oro. Other appellate courts include the Sandiganbayan for cases involving graft and corruption, and the Court of Tax Appeals for cases involving tax. Appeals from all three appellate courts are to the Supreme Court. |
Appellate court | 643 | Appellate courts by country | The Court of Appeal of Sri Lanka, located in Colombo, is the second senior court in the Sri Lankan legal system. |
Appellate court | 643 | Appellate courts by country | In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal. |
Appellate court | 643 | Appellate courts by country | In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case. |
Appellate court | 643 | Appellate courts by country | Many U.S. jurisdictions title their appellate court a court of appeal or court of appeals. Both terms are used in the United States, but the plural form is more common in American English, while in contrast, British English uses only the singular form. The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when the court at issue clearly prefers to be called a "court of appeals", and vice versa. |
Appellate court | 643 | Appellate courts by country | Historically, certain jurisdictions have titled their appellate court a court of errors (or court of errors and appeals), on the premise that it was intended to correct errors made by lower courts. Examples of such courts include the New Jersey Court of Errors and Appeals (which existed from 1844 to 1947), the Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court), the Kentucky Court of Errors (renamed the Kentucky Supreme Court), and the Mississippi High Court of Errors and Appeals (since renamed the Supreme Court of Mississippi). In some jurisdictions, a court able to hear appeals is known as an appellate division. |
Appellate court | 643 | Appellate courts by country | The phrase "court of appeals" most often refers to intermediate appellate courts. However, the New York Court of Appeals is the highest appellate court in New York. The New York Supreme Court is a trial court of general jurisdiction. The Supreme Court of Maryland was known as the Court of Appeals, and the Appellate Court of Maryland was known as the Court of Special Appeals, until a 2022 constitutional amendment changed their names. Depending on the system, certain courts may serve as both trial courts and appellate courts, hearing appeals of decisions made by courts with more limited jurisdiction. |
Arraignment | 649 | Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include guilty, not guilty, and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of nolo contendere ('no contest') and the Alford plea are allowed in some circumstances. |
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Arraignment | 649 | By country | In Australia, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. The judge will testify during the indictment process. |
Arraignment | 649 | By country | In British Columbia, arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether they plead guilty or not guilty to each charge. |
Arraignment | 649 | By country | In France, the general rule is that one cannot remain in police custody for more than 24 hours from the time of the arrest. However, police custody can last another 24 hours in specific circumstances, especially if the offence is punishable by at least one year's imprisonment, or if the investigation is deemed to require the extra time, and can last up to 96 hours in certain cases involving terrorism, drug trafficking or organised crime. The police need to have the consent of the prosecutor, the procureur. In the vast majority of cases, the prosecutor will consent. |
Arraignment | 649 | By country | In Germany, if one has been arrested and taken into custody by the police, one must be brought before a judge as soon as possible and at the latest on the day after the arrest. |
Arraignment | 649 | By country | In New Zealand law, at the first appearance of the accused, they are read the charges and asked for a plea. The available pleas are: guilty, not guilty, and no plea. The response of "no plea" allows the defendant to get legal advice on the plea, which must be made on the second appearance. |
Arraignment | 649 | By country | In South Africa, arraignment is defined as the calling upon the accused to appear, the informing of the accused of the crime charged against them, the demanding of the accused whether they plead guilty or not guilty, and the entering of their plea. |
Arraignment | 649 | By country | In England, Wales, and Northern Ireland, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. |
Arraignment | 649 | By country | In England and Wales, the police cannot legally detain anyone for more than 24 hours without charging them unless an officer with the rank of superintendent (or above) authorises detention for a further 12 hours (i.e. 36 hours total), or a judge (who will be a magistrate) authorises detention by the police before charge for up to a maximum of 96 hours; for terrorism-related offences a person can be held by the police for up to 28 days before charge. If they are not released after being charged, they should be brought before a court as soon as practicable. |
Arraignment | 649 | By country | In Scotland, the police cannot detain anyone for more than 12 hours without charging them unless an officer of the rank of superintendent (or above) authorises detention for a further 12 hours (i.e. up to 24 hours in total); for terrorism-related offences a person can be held by the police for up to 14 days before charge. If they are not released after being charged, they should be brought before a court as soon as practicable. |
Arraignment | 649 | By country | The Sixth Amendment to the United States Constitution grants criminal defendants the right to be notified of the charges against them. Under the United States' Federal Rules of Criminal Procedure, arraignment shall consist of an open reading of the indictment (and delivery of a copy) to the defendant and a call for them to plead. |
Arraignment | 649 | By country | In federal courts, arraignment takes place in two stages. The first is called the "initial arraignment" and must take place within 48 hours of an individual's arrest, within 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday. During this stage, the defendant is informed of the pending legal charges and is informed of his or her right to retain counsel. The presiding judge also decides at what amount, if any, to set bail. During the second stage, the post-indictment arraignment, the defendant is allowed to enter a plea. |
Arraignment | 649 | By country | In New York, a person arrested without a warrant and kept in custody must be brought before a local criminal court for arraignment "without unnecessary delay". A delay of more than 24 hours is rebuttably presumed to be unnecessary. |
Arraignment | 649 | By country | In California, arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays. |
Arraignment | 649 | Form of the arraignment | The wording of the arraignment varies from jurisdiction to jurisdiction. However, it generally conforms with the following principles: |
Arraignment | 649 | Video arraignment | Video arraignment is the act of conducting the arraignment process using some form of videoconferencing technology. Use of video arraignment system allows the court to conduct the requisite arraignment process without the need to transport the defendant to the courtroom by using an audio-visual link between the location where the defendant is being held and the courtroom. |
Arraignment | 649 | Video arraignment | Use of the video arraignment process addresses the problems associated with having to transport defendants. The transportation of defendants requires time, puts additional demands on the public safety organizations to provide for the safety of the public, court personnel and for the security of the population held in detention. It also addresses the rising costs of transportation. |
Arraignment | 649 | Guilty and not-guilty pleas | If the defendant pleads guilty, an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence. |
Arraignment | 649 | Guilty and not-guilty pleas | If the defendant pleads not guilty, a date is set for a preliminary hearing or a trial. |
Arraignment | 649 | Guilty and not-guilty pleas | In the past, a defendant who refused to plead (or "stood mute") was subject to peine forte et dure (Law French for "strong and hard punishment"). Today, in common law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's right to silence. |
Arraignment | 649 | Pre-trial release | This is also often the stage at which arguments for or against pre-trial release and bail may be made, depending on the alleged crime and jurisdiction. |
America the Beautiful | 651 | "America the Beautiful" is a patriotic American song. Its lyrics were written by Katharine Lee Bates and its music was composed by church organist and choirmaster Samuel A. Ward at Grace Episcopal Church in Newark, New Jersey. The two never met. |
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America the Beautiful | 651 | Bates wrote the words as a poem, originally entitled "Pikes Peak". It was first published in the Fourth of July 1895 edition of the church periodical, The Congregationalist. At that time, the poem was entitled "America". |
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America the Beautiful | 651 | Ward had initially composed the song's melody in 1882 to accompany lyrics to "Materna", basis of the hymn, "O Mother dear, Jerusalem", though the hymn was not first published until 1892. The combination of Ward's melody and Bates's poem was first entitled "America the Beautiful" in 1910. The song is one of the most popular of the many American patriotic songs. |
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America the Beautiful | 651 | History | In 1893, at the age of 33, Bates, an English professor at Wellesley College, had taken a train trip to Colorado Springs, Colorado, to teach at Colorado College. Several of the sights on her trip inspired her, and they found their way into her poem, including the World's Columbian Exposition in Chicago, the "White City" with its promise of the future contained within its gleaming white buildings; the wheat fields of North America's heartland Kansas, through which her train was riding on July 16; and the majestic view of the Great Plains from high atop Pikes Peak. |
America the Beautiful | 651 | History | On the pinnacle of that mountain, the words of the poem started to come to her, and she wrote them down upon returning to her hotel room at the original Antlers Hotel. The poem was initially published two years later in The Congregationalist to commemorate the Fourth of July. It quickly caught the public's fancy. An amended version was published in 1904. |
America the Beautiful | 651 | History | The first known melody written for the song was sent in by Silas Pratt when the poem was published in The Congregationalist. By 1900, at least 75 different melodies had been written. A hymn tune composed in 1882 by Samuel A. Ward, the organist and choir director at Grace Church, Newark, was generally considered the best music as early as 1910 and is still the popular tune today. Just as Bates had been inspired to write her poem, Ward, too, was inspired. The tune came to him while he was on a ferryboat trip from Coney Island back to his home in New York City after a leisurely summer day and he immediately wrote it down. He composed the tune for the old hymn "O Mother Dear, Jerusalem", retitling the work "Materna". Ward's music combined with Bates's poem were first published together in 1910 and titled "America the Beautiful". |
America the Beautiful | 651 | History | Ward died in 1903, not knowing the national stature his music would attain. Bates was more fortunate, since the song's popularity was well established by the time of her death in 1929. It is included in songbooks in many religious congregations in the United States. |
America the Beautiful | 651 | History | At various times in the more than one hundred years that have elapsed since the song was written, particularly during the John F. Kennedy administration, there have been efforts to give "America the Beautiful" legal status either as a national hymn or as a national anthem equal to, or in place of, "The Star-Spangled Banner", but so far this has not succeeded. Proponents prefer "America the Beautiful" for various reasons, saying it is easier to sing, more melodic, and more adaptable to new orchestrations while still remaining as easily recognizable as "The Star-Spangled Banner". Some prefer "America the Beautiful" over "The Star-Spangled Banner" due to the latter's war-oriented imagery, while others object to the implicit support of slavery and racism in its third verse; others prefer "The Star-Spangled Banner" because of its war themes. While that national dichotomy has stymied any effort at changing the tradition of the national anthem, "America the Beautiful" continues to be held in high esteem by a large number of Americans, and was even being considered before 1931 as a candidate to become the national anthem of the United States. |
America the Beautiful | 651 | Notable performances | Elvis Presley performed it many times in concerts starting in 1976. |
America the Beautiful | 651 | Notable performances | Bing Crosby included the song in a medley on his album 101 Gang Songs (1961). |
America the Beautiful | 651 | Notable performances | Frank Sinatra recorded the song with Nelson Riddle during the sessions for The Concert Sinatra in February 1963, for a projected 45 single release. The 45 was not commercially issued however, but the song was later added as a bonus track to the enhanced 2012 CD release of The Concert Sinatra. |
America the Beautiful | 651 | Notable performances | In 1976, while the United States celebrated its bicentennial, a soulful version popularized by Ray Charles peaked at number 98 on the US R&B chart. His version was traditionally played on New Year's Eve in Times Square following the ball drop. |
America the Beautiful | 651 | Notable performances | Three different renditions of the song have entered the Hot Country Songs charts. The first was by Charlie Rich, which went to number 22 in 1976. A second, by Mickey Newbury, peaked at number 82 in 1980. Aretha Franklin performed a rendition before an undisputed audience of 93,173 to open WrestleMania III, a performance meta-critic RJ City called "a lovely version". An all-star version of "America the Beautiful" performed by country singers Trace Adkins, Sherrié Austin, Billy Dean, Vince Gill, Carolyn Dawn Johnson, Toby Keith, Brenda Lee, Lonestar, Lyle Lovett, Lila McCann, Lorrie Morgan, Jamie O'Neal, The Oak Ridge Boys, Collin Raye, Kenny Rogers, Keith Urban and Phil Vassar reached number 58 in July 2001. The song re-entered the chart following the September 11 attacks. |
America the Beautiful | 651 | Notable performances | Barbra Streisand released an official music video footage during Norman Lear's Special in 1982. |
America the Beautiful | 651 | Notable performances | During her peak to stardom, R&B singer Mariah Carey sang the song at the 1990 NBA Finals. |
America the Beautiful | 651 | Notable performances | Whitney Houston also recorded the song, covering Ray Charles' soulful rearranged version as the b-side to her 1991 rendition of "The Star Spangled Banner". |
America the Beautiful | 651 | Notable performances | The song has been performed as part of the Indianapolis 500 pre-race ceremonies since 1991. |
America the Beautiful | 651 | Notable performances | The US singer/songwriter Martin Sexton recorded a gospel-tinged version on his LP 'Black Sheep', released in 1996. <> |
America the Beautiful | 651 | Notable performances | Popularity of the song increased greatly in the decades following 9/11; at some sporting events it was sung in addition to the traditional singing of the national anthem. During the first taping of the Late Show with David Letterman following the attacks, CBS newsman Dan Rather cried briefly as he quoted the fourth verse. |
America the Beautiful | 651 | Notable performances | For Super Bowl XLVIII, The Coca-Cola Company aired a multilingual version of the song, sung in several different languages. The commercial received some criticism on social media sites, such as Twitter and Facebook, and from some conservatives, such as Glenn Beck. Despite the controversies, Coca-Cola later reused the Super Bowl ad during Super Bowl LI, the opening ceremonies of the 2014 Winter Olympics and 2016 Summer Olympics and for patriotic holidays. |
America the Beautiful | 651 | Notable performances | In 2016, American five-piece girl group Fifth Harmony performed a rendition to honor the United States women's national soccer team on defeating Japan 5–2 in the Final to win the 2015 FIFA Women's World Cup last July at BC Place in Vancouver, British Columbia, Canada before an undisputed AT&T Stadium audience of 101,763 to open WrestleMania 32 in Dallas, Texas. |
America the Beautiful | 651 | Notable performances | In 2017, Jackie Evancho released Together We Stand, a disc containing three patriotic songs including "America the Beautiful". The song charted at No. 4 on Billboard's Classical Digital Song sales chart. |
America the Beautiful | 651 | Notable performances | An abbreviated cover with the 1911 lyrics was performed by Greg Jong for the soundtrack of the 2020 video game Wasteland 3, and is played during the final hostile encounters in the Denver section. |
America the Beautiful | 651 | Notable performances | In 2021, Jennifer Lopez performed the song at the inauguration of Joe Biden, as the second half of a medley with "This Land Is Your Land" by Woody Guthrie. |
America the Beautiful | 651 | Notable performances | In 2023, Cécile McLorin Salvant performed the song at the US Open woman's final. In her rendition, Salvant notably skipped ahead to the lyrics of the second half of the second verse while singing the first verse (replacing "God shed His grace on thee..." with "God mend thine every flaw..." etc.). Jazz Critic Nate Chinen wrote the following day of the performance: "What does it mean for a singer such as Salvant to inhabit a platform like the US Open, and implore God to mend America’s every flaw? What does it mean, in the Year of Our Lord 2023, for a singer like Salvant to urge the nation to confirm thy soul in self-control, and find liberty in law? I’m not going to spell it out, but it means a lot." |
America the Beautiful | 651 | Idioms | "From sea to shining sea", originally used in the charters of some of the English colonies in North America, is an American idiom meaning "from the Atlantic Ocean to the Pacific Ocean" (or vice versa). Other songs that have used this phrase include the American patriotic song "God Bless the U.S.A." and Schoolhouse Rock's "Elbow Room". The phrase and the song are also the namesake of the Shining Sea Bikeway, a bike path in Bates's hometown of Falmouth, Massachusetts. The phrase is similar to the Latin phrase "A Mari Usque Ad Mare" ("From sea to sea"), which is the official motto of Canada. |
America the Beautiful | 651 | Idioms | "Purple mountain majesties" refers to the shade of Pikes Peak in Colorado Springs, Colorado, which inspired Bates to write the poem. The idiom inspired the Colorado Rockies to have purple as one of its team colors. |
America the Beautiful | 651 | Idioms | In 2003, Tori Amos appropriated the phrase "for amber waves of grain" to create a personification for her song "Amber Waves". Amos imagines Amber Waves as an exotic dancer, like the character of the same name portrayed by Julianne Moore in Boogie Nights. |
America the Beautiful | 651 | Books | Lynn Sherr's 2001 book America the Beautiful: The Stirring True Story Behind Our Nations's Favorite Song discusses the origins of the song and the backgrounds of its authors in depth. The book points out that the poem has the same meter as that of "Auld Lang Syne"; the songs can be sung interchangeably. Additionally, Sherr discusses the evolution of the lyrics, for instance, changes to the original third verse written by Bates. |
America the Beautiful | 651 | Books | Melinda M. Ponder, in her 2017 biography Katharine Lee Bates: From Sea to Shining Sea, draws heavily on Bates's diaries and letters to trace the history of the poem and its place in American culture. |
Assistive technology | 653 | Assistive technology (AT) is a term for assistive, adaptive, and rehabilitative devices for people with disabilities and the elderly. Disabled people often have difficulty performing activities of daily living (ADLs) independently, or even with assistance. ADLs are self-care activities that include toileting, mobility (ambulation), eating, bathing, dressing, grooming, and personal device care. Assistive technology can ameliorate the effects of disabilities that limit the ability to perform ADLs. Assistive technology promotes greater independence by enabling people to perform tasks they were formerly unable to accomplish, or had great difficulty accomplishing, by providing enhancements to, or changing methods of interacting with, the technology needed to accomplish such tasks. For example, wheelchairs provide independent mobility for those who cannot walk, while assistive eating devices can enable people who cannot feed themselves to do so. Due to assistive technology, disabled people have an opportunity of a more positive and easygoing lifestyle, with an increase in "social participation", "security and control", and a greater chance to "reduce institutional costs without significantly increasing household expenses." In schools, assistive technology can be critical in allowing students with disabilities to access the general education curriculum. Students who experience challenges writing or keyboarding, for example, can use voice recognition software instead. Assistive technologies assist people who are recovering from strokes and people who have sustained injuries that affect their daily tasks. |
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Assistive technology | 653 | Adaptive technology | Adaptive technology and assistive technology are different. Assistive technology is something that is used to help disabled people, while adaptive technology covers items that are specifically designed for disabled people and would seldom be used by a non-disabled person. In other words, assistive technology is any object or system that helps people with disabilities, while adaptive technology is specifically designed for disabled people. Consequently, adaptive technology is a subset of assistive technology. Adaptive technology often refers specifically to electronic and information technology access. |
Assistive technology | 653 | Occupational therapy | Occupational therapy (OT) is a healthcare profession that specializes in maintaining or improving the quality of life for individuals that experience challenges when independently performing life's occupations. According to the Occupational Therapy Practice Framework: Domain and Process (3rd ed.; AOTA, 2014), occupations include areas related to all basic and instrumental activities of daily living (ADLs), rest and sleep, education, work, play, leisure and social participation. Occupational therapists have the specialized skill of employing assistive technology (AT) in the improvement and maintenance of optimal, functional participation in occupations. The application of AT enables an individual to adapt aspects of the environment, that may otherwise be challenging, to the user in order to optimize functional participation in those occupations. As a result, occupational therapists may educate, recommend, and promote the use of AT to improve the quality of life for their clients. |
Assistive technology | 653 | Mobility impairments | Wheelchairs are devices that can be manually propelled or electrically propelled, and that include a seating system and are designed to be a substitute for the normal mobility that most people have. Wheelchairs and other mobility devices allow people to perform mobility-related activities of daily living which include feeding, toileting, dressing, grooming, and bathing. The devices come in a number of variations where they can be propelled either by hand or by motors where the occupant uses electrical controls to manage motors and seating control actuators through a joystick, sip-and-puff control, head switches or other input devices. Often there are handles behind the seat for someone else to do the pushing or input devices for caregivers. Wheelchairs are used by people for whom walking is difficult or impossible due to illness, injury, or disability. People with both sitting and walking disability often need to use a wheelchair or walker. |
Assistive technology | 653 | Mobility impairments | Newer advancements in wheelchair design enable wheelchairs to climb stairs, go off-road or propel using segway technology or additional add-ons like handbikes or power assists. |
Assistive technology | 653 | Mobility impairments | Patient transfer devices generally allow patients with impaired mobility to be moved by caregivers between beds, wheelchairs, commodes, toilets, chairs, stretchers, shower benches, automobiles, swimming pools, and other patient support systems (i.e., radiology, surgical, or examining tables). |
Assistive technology | 653 | Mobility impairments | The most common devices are transfer benches, stretcher or convertible chairs (for lateral, supine transfer), sit-to-stand lifts (for moving patients from one seated position to another i.e., from wheelchairs to commodes), air bearing inflatable mattresses (for supine transfer i.e., transfer from a gurney to an operating room table), gait belts (or transfer belt) and a slider board (or transfer board), usually used for transfer from a bed to a wheelchair or from a bed to an operating table. Highly dependent patients who cannot assist their caregiver in moving them often require a patient lift (a floor or ceiling-suspended sling lift) which though invented in 1955 and in common use since the early 1960s is still considered the state-of-the-art transfer device by OSHA and the American Nursing Association. |
Assistive technology | 653 | Mobility impairments | A walker or walking frame or Rollator is a tool for disabled people who need additional support to maintain balance or stability while walking. It consists of a frame that is about waist high, approximately twelve inches deep and slightly wider than the user. Walkers are also available in other sizes, such as for children, or for heavy people. Modern walkers are height-adjustable. The front two legs of the walker may or may not have wheels attached depending on the strength and abilities of the person using it. It is also common to see caster wheels or glides on the back legs of a walker with wheels on the front. |
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