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Alkane

In organic chemistry, an alkane, or paraffin (a historical trivial name that also has other meanings), is an acyclic saturated hydrocarbon. In other words, an alkane consists of hydrogen and carbon atoms arranged in a tree structure in which all the carbon–carbon bonds are single. Alkanes have the general chemical formula C_{n}H_{2n+2}. The alkanes range in complexity from the simplest case of methane (CH4), where n = 1 (sometimes called the parent molecule), to arbitrarily large and complex molecules, like pentacontane (C50H102) or 6-ethyl-2-methyl-5-(1-methylethyl) octane, an isomer of tetradecane (C14H30).

The International Union of Pure and Applied Chemistry (IUPAC) defines alkanes as "acyclic branched or unbranched hydrocarbons having the general formula C_{n}H_{2n+2}, and therefore consisting entirely of hydrogen atoms and saturated carbon atoms". However, some sources use the term to denote any saturated hydrocarbon, including those that are either monocyclic (i.e. the cycloalkanes) or polycyclic, despite them having a distinct general formula (e.g. cycloalkanes are C_{n}H_{2n}).

In an alkane, each carbon atom is sp3-hybridized with 4 sigma bonds (either C–C or C–H), and each hydrogen atom is joined to one of the carbon atoms (in a C–H bond). The longest series of linked carbon atoms in a molecule is known as its carbon skeleton or carbon backbone. The number of carbon atoms may be considered as the size of the alkane.

One group of the higher alkanes are waxes, solids at standard ambient temperature and pressure (SATP), for which the number of carbon atoms in the carbon backbone is greater than about 17. With their repeated –CH2 units, the alkanes constitute a homologous series of organic compounds in which the members differ in molecular mass by multiples of 14.03 u (the total mass of each such methylene-bridge unit, which comprises a single carbon atom of mass 12.01 u and two hydrogen atoms of mass ~1.01 u each).

Methane is produced by methanogenic bacteria and some long-chain alkanes function as pheromones in certain animal species or as protective waxes in plants and fungi. Nevertheless, most alkanes do not have much biological activity. They can be viewed as molecular trees upon which can be hung the more active/reactive functional groups of biological molecules.

The alkanes have two main commercial sources: petroleum (crude oil) and natural gas.

An alkyl group is an alkane-based molecular fragment that bears one open valence for bonding. They are generally abbreviated with the symbol for any organyl group, R, although Alk is sometimes used to specifically symbolize an alkyl group (as opposed to an alkenyl group or aryl group).

Structure and classification
Ordinarily the C-C single bond distance is 1.53 angstrom. Saturated hydrocarbons can be linear, branched, or cyclic. The third group is sometimes called cycloalkanes. Very complicated structures are possible by combining linear, branch, cyclic alkanes.

Isomerism

Alkanes with more than three carbon atoms can be arranged in various ways, forming structural isomers. The simplest isomer of an alkane is the one in which the carbon atoms are arranged in a single chain with no branches. This isomer is sometimes called the n-isomer (n for "normal", although it is not necessarily the most common). However, the chain of carbon atoms may also be branched at one or more points. The number of possible isomers increases rapidly with the number of carbon atoms. For example, for acyclic alkanes:
 * C1: methane only
 * C2: ethane only
 * C3: propane only
 * C4: 2 isomers: butane and isobutane
 * C5: 3 isomers: pentane, isopentane, and neopentane
 * C6: 5 isomers: hexane, 2-methylpentane, 3-methylpentane, 2,2-dimethylbutane, and 2,3-dimethylbutane
 * C7: 9 isomers: heptane, 2-methylhexane, 3-methylhexane, 2,2-dimethylpentane, 2,3-dimethylpentane, 2,4-dimethylpentane, 3,3-dimethylpentane, 3-ethylpentane, 2,2,3-trimethylbutane
 * C8: 18 isomers: octane, 2-methylheptane, 3-methylheptane, 4-methylheptane, 2,2-dimethylhexane, 2,3-dimethylhexane, 2,4-dimethylhexane, 2,5-dimethylhexane, 3,3-dimethylhexane, 3,4-dimethylhexane, 3-ethylhexane, 2,2,3-trimethylpentane, 2,2,4-trimethylpentane, 2,3,3-trimethylpentane, 2,3,4-trimethylpentane, 3-ethyl-2-methylpentane, 3-ethyl-3-methylpentane, 2,2,3,3-tetramethylbutane
 * C9: 35 isomers
 * C10: 75 isomers
 * C12: 355 isomers
 * C32: 27,711,253,769 isomers
 * C60: 22,158,734,535,770,411,074,184 isomers, many of which are not stable

Branched alkanes can be chiral. For example, 3-methylhexane and its higher homologues are chiral due to their stereogenic center at carbon atom number 3. The above list only includes differences of connectivity, not stereochemistry. In addition to the alkane isomers, the chain of carbon atoms may form one or more rings. Such compounds are called cycloalkanes, and are also excluded from the above list because changing the number of rings changes the molecular formula. For example, cyclobutane and methylcyclopropane are isomers of each other (C4H8), but are not isomers of butane (C4H10).

Branched alkanes are more thermodynamically stable than their linear (or less branched) isomers. For example, the highly branched 2,2,3,3-tetramethylbutane is about 1.9 kcal/mol more stable than its linear isomer, n-octane.

Nomenclature
The IUPAC nomenclature (systematic way of naming compounds) for alkanes is based on identifying hydrocarbon chains. Unbranched, saturated hydrocarbon chains are named systematically with a Greek numerical prefix denoting the number of carbons and the suffix "-ane".

In 1866, August Wilhelm von Hofmann suggested systematizing nomenclature by using the whole sequence of vowels a, e, i, o and u to create suffixes -ane, -ene, -ine (or -yne), -one, -une, for the hydrocarbons CnH2n+2, CnH2n, CnH2n−2, CnH2n−4, CnH2n−6. In modern nomenclature, the first three specifically name hydrocarbons with single, double and triple bonds; while "-one" now represents a ketone.

Linear alkanes
Straight-chain alkanes are sometimes indicated by the prefix "n-" or "n-"(for "normal") where a non-linear isomer exists. Although this is not strictly necessary and is not part of the IUPAC naming system, the usage is still common in cases where one wishes to emphasize or distinguish between the straight-chain and branched-chain isomers, e.g., "n-butane" rather than simply "butane" to differentiate it from isobutane. Alternative names for this group used in the petroleum industry are linear paraffins or n-paraffins.

The first eight members of the series (in terms of number of carbon atoms) are named as follows:
 * methane: CH4 – one carbon and 4 hydrogen
 * ethane : C2H6 – two carbon and 6 hydrogen
 * propane: C3H8 – three carbon and 8 hydrogen
 * butane : C4H10 – four carbon and 10 hydrogen
 * pentane: C5H12 – five carbon and 12 hydrogen
 * hexane : C6H14 – six carbon and 14 hydrogen
 * heptane: C7H16 – seven carbons and 16 hydrogen
 * octane: C8H18 – eight carbons and 18 hydrogen

The first four names were derived from methanol, ether, propionic acid and butyric acid. Alkanes with five or more carbon atoms are named by adding the suffix -ane to the appropriate numerical multiplier prefix with elision of any terminal vowel (-a or -o) from the basic numerical term. Hence, pentane, C5H12; hexane, C6H14; heptane, C7H16; octane, C8H18; etc. The numeral prefix is generally Greek; however, alkanes with a carbon atom count ending in nine, for example nonane, use the Latin prefix non-.

Branched alkanes
Simple branched alkanes often have a common name using a prefix to distinguish them from linear alkanes, for example n-pentane, isopentane, and neopentane.

IUPAC naming conventions can be used to produce a systematic name.

The key steps in the naming of more complicated branched alkanes are as follows:
 * Identify the longest continuous chain of carbon atoms
 * Name this longest root chain using standard naming rules
 * Name each side chain by changing the suffix of the name of the alkane from "-ane" to "-yl"
 * Number the longest continuous chain in order to give the lowest possible numbers for the side-chains
 * Number and name the side chains before the name of the root chain
 * If there are multiple side chains of the same type, use prefixes such as "di-" and "tri-" to indicate it as such, and number each one.
 * Add side chain names in alphabetical (disregarding "di-" etc. prefixes) order in front of the name of the root chain

Saturated cyclic hydrocarbons
Though technically distinct from the alkanes, this class of hydrocarbons is referred to by some as the "cyclic alkanes." As their description implies, they contain one or more rings.

Simple cycloalkanes have a prefix "cyclo-" to distinguish them from alkanes. Cycloalkanes are named as per their acyclic counterparts with respect to the number of carbon atoms in their backbones, e.g., cyclopentane (C5H10) is a cycloalkane with 5 carbon atoms just like pentane (C5H12), but they are joined up in a five-membered ring. In a similar manner, propane and cyclopropane, butane and cyclobutane, etc.

Substituted cycloalkanes are named similarly to substituted alkanes – the cycloalkane ring is stated, and the substituents are according to their position on the ring, with the numbering decided by the Cahn–Ingold–Prelog priority rules.

Trivial/common names
The trivial (non-systematic) name for alkanes is 'paraffins'. Together, alkanes are known as the 'paraffin series'. Trivial names for compounds are usually historical artifacts. They were coined before the development of systematic names, and have been retained due to familiar usage in industry. Cycloalkanes are also called naphthenes.

Branched-chain alkanes are called isoparaffins. "Paraffin" is a general term and often does not distinguish between pure compounds and mixtures of isomers, i.e., compounds of the same chemical formula, e.g., pentane and isopentane.

The following trivial names are retained in the IUPAC system:
 * In IUPAC
 * isobutane for 2-methylpropane
 * isopentane for 2-methylbutane
 * neopentane for 2,2-dimethylpropane.

Some non-IUPAC trivial names are occasionally used:
 * Non-IUPAC
 * cetane, for hexadecane
 * cerane, for hexacosane

Physical properties
All alkanes are colorless. Alkanes with the lowest molecular weights are gases, those of intermediate molecular weight are liquids, and the heaviest are waxy solids.

Boiling point

Alkanes experience intermolecular van der Waals forces. The cumulative effects of these intermolecular forces give rise to greater boiling points of alkanes.

Two factors influence the strength of the van der Waals forces:
 * the number of electrons surrounding the molecule, which increases with the alkane's molecular weight
 * the surface area of the molecule

Under standard conditions, from CH4 to C4H10 alkanes are gaseous; from C5H12 to C17H36 they are liquids; and after C18H38 they are solids. As the boiling point of alkanes is primarily determined by weight, it should not be a surprise that the boiling point has an almost linear relationship with the size (molecular weight) of the molecule. As a rule of thumb, the boiling point rises 20–30 °C for each carbon added to the chain; this rule applies to other homologous series.

A straight-chain alkane will have a boiling point higher than a branched-chain alkane due to the greater surface area in contact, and thus greater van der Waals forces, between adjacent molecules. For example, compare isobutane (2-methylpropane) and n-butane (butane), which boil at −12 and 0 °C, and 2,2-dimethylbutane and 2,3-dimethylbutane which boil at 50 and 58 °C, respectively.

On the other hand, cycloalkanes tend to have higher boiling points than their linear counterparts due to the locked conformations of the molecules, which give a plane of intermolecular contact.

Melting points
The melting points of the alkanes follow a similar trend to boiling points for the same reason as outlined above. That is, (all other things being equal) the larger the molecule the higher the melting point. There is one significant difference between boiling points and melting points. Solids have a more rigid and fixed structure than liquids. This rigid structure requires energy to break down. Thus the better put together solid structures will require more energy to break apart. For alkanes, this can be seen from the graph above (i.e., the blue line). The odd-numbered alkanes have a lower trend in melting points than even-numbered alkanes. This is because even-numbered alkanes pack well in the solid phase, forming a well-organized structure which requires more energy to break apart. The odd-numbered alkanes pack less well and so the "looser"-organized solid packing structure requires less energy to break apart. For a visualization of the crystal structures see.

The melting points of branched-chain alkanes can be either higher or lower than those of the corresponding straight-chain alkanes, again depending on the ability of the alkane in question to pack well in the solid phase.

Conductivity and solubility
Alkanes do not conduct electricity in any way, nor are they substantially polarized by an electric field. For this reason, they do not form hydrogen bonds and are insoluble in polar solvents such as water. Since the hydrogen bonds between individual water molecules are aligned away from an alkane molecule, the coexistence of an alkane and water leads to an increase in molecular order (a reduction in entropy). As there is no significant bonding between water molecules and alkane molecules, the second law of thermodynamics suggests that this reduction in entropy should be minimized by minimizing the contact between alkane and water: Alkanes are said to be hydrophobic as they are insoluble in water.

Their solubility in nonpolar solvents is relatively high, a property that is called lipophilicity. Alkanes are, for example, miscible in all proportions among themselves.

The density of the alkanes usually increases with the number of carbon atoms but remains less than that of water. Hence, alkanes form the upper layer in an alkane–water mixture.

Molecular geometry
The molecular structure of the alkanes directly affects their physical and chemical characteristics. It is derived from the electron configuration of carbon, which has four valence electrons. The carbon atoms in alkanes are described as sp3 hybrids; that is to say that, to a good approximation, the valence electrons are in orbitals directed towards the corners of a tetrahedron which are derived from the combination of the 2s orbital and the three 2p orbitals. Geometrically, the angle between the bonds are cos−1(−$1⁄3$) ≈ 109.47°. This is exact for the case of methane, while larger alkanes containing a combination of C–H and C–C bonds generally have bonds that are within several degrees of this idealized value.

Bond lengths and bond angles
An alkane has only C–H and C–C single bonds. The former result from the overlap of an sp3 orbital of carbon with the 1s orbital of a hydrogen; the latter by the overlap of two sp3 orbitals on adjacent carbon atoms. The bond lengths amount to 1.09 × 10−10 m for a C–H bond and 1.54 × 10−10 m for a C–C bond.

The spatial arrangement of the bonds is similar to that of the four sp3 orbitals—they are tetrahedrally arranged, with an angle of 109.47° between them. Structural formulae that represent the bonds as being at right angles to one another, while both common and useful, do not accurately depict the geometry.

Conformation

The spatial arrangement of the C-C and C-H bonds are described by the torsion angles of the molecule is known as its conformation. In ethane, the simplest case for studying the conformation of alkanes, there is nearly free rotation about a carbon–carbon single bond. Two limiting conformations are important: eclipsed conformation and staggered conformation. The staggered conformation is 12.6 kJ/mol (3.0 kcal/mol) lower in energy (more stable) than the eclipsed conformation (the least stable). In highly branched alkanes, the bond angle may differ from the optimal value (109.5°) to accommodate bulky groups. Such distortions introduce a tension in the molecule, known as steric hindrance or strain. Strain substantially increases reactivity.

Spectroscopic properties
Spectroscopic signatures for alkanes are obtainable by the major characterization techniques.

Infrared spectroscopy
The C-H stretching mode gives a strong absorptions between 2850 and 2960 cm−1 and weaker bands for the C-C stretching mode absorbs between 800 and 1300 cm−1. The carbon–hydrogen bending modes depend on the nature of the group: methyl groups show bands at 1450 cm−1 and 1375 cm−1, while methylene groups show bands at 1465 cm−1 and 1450 cm−1. Carbon chains with more than four carbon atoms show a weak absorption at around 725 cm−1.

NMR spectroscopy
The proton resonances of alkanes are usually found at δH = 0.5–1.5. The carbon-13 resonances depend on the number of hydrogen atoms attached to the carbon: δC = 8–30 (primary, methyl, –CH3), 15–55 (secondary, methylene, –CH2–), 20–60 (tertiary, methyne, C–H) and quaternary. The carbon-13 resonance of quaternary carbon atoms is characteristically weak, due to the lack of nuclear Overhauser effect and the long relaxation time, and can be missed in weak samples, or samples that have not been run for a sufficiently long time.

Mass spectrometry
Since alkanes have high ionization energies, their electron impact mass spectra show weak currents for their molecular ions. The fragmentation pattern can be difficult to interpret, but in the case of branched chain alkanes, the carbon chain is preferentially cleaved at tertiary or quaternary carbons due to the relative stability of the resulting free radicals. The mass spectra for straight-chain alkanes is illustrated by that for dodecane: the fragment resulting from the loss of a single methyl group (M − 15) is absent, fragments are more intense than the molecular ion and are spaced by intervals of 14 mass units, corresponding to loss of CH2 groups.

Chemical properties
Alkanes are only weakly reactive with most chemical compounds. They only reacts with the strongest of electrophilic reagents by virtue of their strong C–H bonds (~100 kcal/mol) and C–C bonds (~90 kcal/mol). They are also relatively unreactive toward free radicals. This inertness is the source of the term paraffins (with the meaning here of "lacking affinity"). In crude oil the alkane molecules have remained chemically unchanged for millions of years.

Acid-base behavior
The acid dissociation constant (pKa) values of all alkanes are estimated to range from 50 to 70, depending on the extrapolation method, hence they are extremely weak acids that are practically inert to bases (see: carbon acids). They are also extremely weak bases, undergoing no observable protonation in pure sulfuric acid (H0 ~ −12), although superacids that are at least millions of times stronger have been known to protonate them to give hypercoordinate alkanium ions (see: methanium ion). Thus, a mixture of antimony pentafluoride (SbF5) and fluorosulfonic acid (HSO3F), called magic acid, can protonate alkanes.

Reactions with oxygen (combustion reaction)
All alkanes react with oxygen in a combustion reaction, although they become increasingly difficult to ignite as the number of carbon atoms increases. The general equation for complete combustion is:
 * CnH2n+2 + ($3⁄2$n + $1⁄2$) O2 → (n + 1) H2O + n CO2
 * or CnH2n+2 + ($3n + 1⁄2$) O2 → (n + 1) H2O + n CO2

In the absence of sufficient oxygen, carbon monoxide or even soot can be formed, as shown below:

 * CnH2n+2 + (n + $1⁄2$) O2 → (n + 1) H2O + n CO

 * CnH2n+2 + ($1⁄2$n + $1⁄2$) O2 → (n + 1) H2O + n C

For example, methane:
 * 2 CH4 + 3 O2 → 4 H2O + 2 CO
 * CH4 + O2 → 2 H2O + C

See the alkane heat of formation table for detailed data. The standard enthalpy change of combustion, ΔcH⊖, for alkanes increases by about 650 kJ/mol per CH2 group. Branched-chain alkanes have lower values of ΔcH⊖ than straight-chain alkanes of the same number of carbon atoms, and so can be seen to be somewhat more stable.

Biodegradation
Some organisms are capable of metalbolizing alkanes. The methane monooxygenases convert methane to methanol. For higher alkanes, cytochrome P450 convert alkanes to alcohols, which are then susceptible to degradation.

Free radical reactions
Free radicals, molecules with unpaired electrons, play a large role in most reactions of alkanes. Free radical halogenation reactions occur with halogens, leading to the production of haloalkanes. The hydrogen atoms of the alkane are progressively replaced by halogen atoms. The reaction of alkanes and fluorine is highly exothermic and can lead to an explosion. These reactions are an important industrial route to halogenated hydrocarbons. There are three steps: Experiments have shown that all halogenation produces a mixture of all possible isomers, indicating that all hydrogen atoms are susceptible to reaction. The mixture produced, however, is not statistical: Secondary and tertiary hydrogen atoms are preferentially replaced due to the greater stability of secondary and tertiary free-radicals. An example can be seen in the monobromination of propane:
 * Initiation the halogen radicals form by homolysis. Usually, energy in the form of heat or light is required.
 * Chain reaction or Propagation then takes place—the halogen radical abstracts a hydrogen from the alkane to give an alkyl radical. This reacts further.
 * Chain termination where the radicals recombine.

In the Reed reaction, sulfur dioxide and chlorine convert hydrocarbons to sulfonyl chlorides under the influence of light.

Under some conditions, alkanes will undergo Nitration.

C-H activation
Certain transition metal complexes promote non-radical reactions with alkanes, resulting in so C–H bond activation reactions.

Cracking
Cracking breaks larger molecules into smaller ones. This reaction requires heat and catalysts. The thermal cracking process follows a homolytic mechanism with formation of free radicals. The catalytic cracking process involves the presence of acid catalysts (usually solid acids such as silica-alumina and zeolites), which promote a heterolytic (asymmetric) breakage of bonds yielding pairs of ions of opposite charges, usually a carbocation. Carbon-localized free radicals and cations are both highly unstable and undergo processes of chain rearrangement, C–C scission in position beta (i.e., cracking) and intra- and intermolecular hydrogen transfer or hydride transfer. In both types of processes, the corresponding reactive intermediates (radicals, ions) are permanently regenerated, and thus they proceed by a self-propagating chain mechanism. The chain of reactions is eventually terminated by radical or ion recombination.

Isomerization and reformation
Dragan and his colleague were the first to report about isomerization in alkanes. Isomerization and reformation are processes in which straight-chain alkanes are heated in the presence of a platinum catalyst. In isomerization, the alkanes become branched-chain isomers. In other words, it does not lose any carbons or hydrogens, keeping the same molecular weight. In reformation, the alkanes become cycloalkanes or aromatic hydrocarbons, giving off hydrogen as a by-product. Both of these processes raise the octane number of the substance. Butane is the most common alkane that is put under the process of isomerization, as it makes many branched alkanes with high octane numbers.

Other reactions
In steam reforming, alkanes react with steam in the presence of a nickel catalyst to give hydrogen and carbon monoxide.

Occurrence of alkanes in the Universe

Alkanes form a small portion of the atmospheres of the outer gas planets such as Jupiter (0.1% methane, 2 ppm ethane), Saturn (0.2% methane, 5 ppm ethane), Uranus (1.99% methane, 2.5 ppm ethane) and Neptune (1.5% methane, 1.5 ppm ethane). Titan (1.6% methane), a satellite of Saturn, was examined by the Huygens probe, which indicated that Titan's atmosphere periodically rains liquid methane onto the moon's surface. Also on Titan, the Cassini mission has imaged seasonal methane/ethane lakes near the polar regions of Titan. Methane and ethane have also been detected in the tail of the comet Hyakutake. Chemical analysis showed that the abundances of ethane and methane were roughly equal, which is thought to imply that its ices formed in interstellar space, away from the Sun, which would have evaporated these volatile molecules. Alkanes have also been detected in meteorites such as carbonaceous chondrites.

Occurrence of alkanes on Earth
Traces of methane gas (about 0.0002% or 1745 ppb) occur in the Earth's atmosphere, produced primarily by methanogenic microorganisms, such as Archaea in the gut of ruminants.

The most important commercial sources for alkanes are natural gas and oil. Natural gas contains primarily methane and ethane, with some propane and butane: oil is a mixture of liquid alkanes and other hydrocarbons. These hydrocarbons were formed when marine animals and plants (zooplankton and phytoplankton) died and sank to the bottom of ancient seas and were covered with sediments in an anoxic environment and converted over many millions of years at high temperatures and high pressure to their current form. Natural gas resulted thereby for example from the following reaction:
 * C6H12O6 → 3 CH4 + 3 CO2

These hydrocarbon deposits, collected in porous rocks trapped beneath impermeable cap rocks, comprise commercial oil fields. They have formed over millions of years and once exhausted cannot be readily replaced. The depletion of these hydrocarbons reserves is the basis for what is known as the energy crisis.

Alkanes have a low solubility in water, so the content in the oceans is negligible; however, at high pressures and low temperatures (such as at the bottom of the oceans), methane can co-crystallize with water to form a solid methane clathrate (methane hydrate). Although this cannot be commercially exploited at the present time, the amount of combustible energy of the known methane clathrate fields exceeds the energy content of all the natural gas and oil deposits put together. Methane extracted from methane clathrate is, therefore, a candidate for future fuels.

Biological occurrence
Aside from petroleum and natural gas, alkanes occur significantly in nature only as methane, which is produced by some archaea by the process of methanogenesis. These organisms are found in the gut of termites and cows. The methane is produced from carbon dioxide or other organic compounds. Energy is released by the oxidation of hydrogen:
 * CO2 + 4 H2 → CH4 + 2 H2O

It is probable that our current deposits of natural gas were formed in a similar way.

<!--Certain types of bacteria can metabolize alkanes: they prefer even-numbered carbon chains as they are easier to degrade than odd-numbered chains.

Alkanes play a negligible role in higher organisms, with rare exception. Some yeasts, e.g., Candida tropicale, Pichia sp., Rhodotorula sp., can use alkanes as a source of carbon or energy. The fungus Amorphotheca resinae prefers the longer-chain alkanes in aviation fuel, and can cause serious problems for aircraft in tropical regions.

In plants, the solid long-chain alkanes are found in the plant cuticle and epicuticular wax of many species, but are only rarely major constituents. They protect the plant against water loss, prevent the leaching of important minerals by the rain, and protect against bacteria, fungi, and harmful insects. The carbon chains in plant alkanes are usually odd-numbered, between 27 and 33 carbon atoms in length, and are made by the plants by decarboxylation of even-numbered fatty acids. The exact composition of the layer of wax is not only species-dependent but also changes with the season and such environmental factors as lighting conditions, temperature or humidity.

The Jeffrey pine is noted for producing exceptionally high levels of n-heptane in its resin, for which reason its distillate was designated as the zero point for one octane rating. Floral scents have also long been known to contain volatile alkane components, and n-nonane is a significant component in the scent of some roses. Emission of gaseous and volatile alkanes such as ethane, pentane, and hexane by plants has also been documented at low levels, though they are not generally considered to be a major component of biogenic air pollution.

Edible vegetable oils also typically contain small fractions of biogenic alkanes with a wide spectrum of carbon numbers, mainly 8 to 35, usually peaking in the low to upper 20s, with concentrations up to dozens of milligrams per kilogram (parts per million by weight) and sometimes over a hundred for the total alkane fraction.

Alkanes are found in animal products, although they are less important than unsaturated hydrocarbons. One example is the shark liver oil, which is approximately 14% pristane (2,6,10,14-tetramethylpentadecane, C19H40). They are important as pheromones, chemical messenger materials, on which insects depend for communication. In some species, e.g. the support beetle Xylotrechus colonus, pentacosane (C25H52), 3-methylpentaicosane (C26H54) and 9-methylpentaicosane (C26H54) are transferred by body contact. With others like the tsetse fly Glossina morsitans morsitans, the pheromone contains the four alkanes 2-methylheptadecane (C18H38), 17,21-dimethylheptatriacontane (C39H80), 15,19-dimethylheptatriacontane (C39H80) and 15,19,23-trimethylheptatriacontane (C40H82), and acts by smell over longer distances. Waggle-dancing honey bees produce and release two alkanes, tricosane and pentacosane.

Ecological relations
One example, in which both plant and animal alkanes play a role, is the ecological relationship between the sand bee (Andrena nigroaenea) and the early spider orchid (Ophrys sphegodes); the latter is dependent for pollination on the former. Sand bees use pheromones in order to identify a mate; in the case of A. nigroaenea, the females emit a mixture of tricosane (C23H48), pentacosane (C25H52) and heptacosane (C27H56) in the ratio 3:3:1, and males are attracted by specifically this odor. The orchid takes advantage of this mating arrangement to get the male bee to collect and disseminate its pollen; parts of its flower not only resemble the appearance of sand bees but also produce large quantities of the three alkanes in the same ratio as female sand bees. As a result, numerous males are lured to the blooms and attempt to copulate with their imaginary partner: although this endeavor is not crowned with success for the bee, it allows the orchid to transfer its pollen, which will be dispersed after the departure of the frustrated male to other blooms.

Petroleum refining
The most important source of alkanes is natural gas and crude oil. Alkanes are separated in an oil refinery by fractional distillation. Unsaturated hydrocarbons are converted to alkanes by hydrogenation:
 * RCH\dCH2 + H2 --> RCH2\sCH3 (R = alkyl)

Another route to alkanes is hydrogenolysis, which entails cleavage of C-heteroatom bonds using hydrogen. In industry, the main substrates are organonitrogen and organosulfur impurities, i.e. the heteroatoms are N and S. The specific processes are called hydrodenitrification and hydrodesulfurization:
 * R3N + 3 H2  ->  3 RH  +  H3N
 * R2S + 2 H2  ->  2 RH  +  H2S

Hydrogenolysis can be applied to the conversion of virtually any functional group into hydrocarbons. Substrates include haloalkanes, alcohols, aldehydes, ketones, carboxylic acids, etc. Both hydrogenolysis and hydrogenation are practiced in refineries. The can be effected by using lithium aluminium hydride, Clemmenson reduction and other specialized routes.

Coal
Coal is a more traditional precursor to alkanes. A wide range of technologies have been intensively practiced for centuries. Simply heating coal gives alkanes, leaving behind coke. Relevant technologies include the Bergius process and coal liquifaction. Partial combustion of coal and related solid organic compounds generates carbon monoxide, which can be hydrogenated using the Fischer–Tropsch process. This technology allows the synthesize liquid hydrocarbons, including alkanes. This method is used to produce substitutes for petroleum distillates.

Laboratory preparation
Rarely is there any interest in the synthesis of alkanes, since they are usually commercially available and less valued than virtually any precursor. The best-known method is hydrogenation of alkenes. Many C-X bonds can be converted to C-H bonds using lithium aluminium hydride, Clemmenson reduction, and other specialized routes. Hydrolysis of Alkyl Grignard reagents and alkyl lithium compounds gives alkanes.

Fuels
The dominant use of alkanes is as fuels. Propane and butane, easily liquified gases, are commonly known as liquified petroleum gas (LPG). From pentane to octane the alkanes are highly volatile liquids. They are used as fuels in internal combustion engines, as they vaporize easily on entry into the combustion chamber without forming droplets, which would impair the uniformity of the combustion. Branched-chain alkanes are preferred as they are much less prone to premature ignition, which causes knocking, than their straight-chain homologues. This propensity to premature ignition is measured by the octane rating of the fuel, where 2,2,4-trimethylpentane (isooctane) has an arbitrary value of 100, and heptane has a value of zero. Apart from their use as fuels, the middle alkanes are also good solvents for nonpolar substances. Alkanes from nonane to, for instance, hexadecane (an alkane with sixteen carbon atoms) are liquids of higher viscosity, less and less suitable for use in gasoline. They form instead the major part of diesel and aviation fuel. Diesel fuels are characterized by their cetane number, cetane being an old name for hexadecane. However, the higher melting points of these alkanes can cause problems at low temperatures and in polar regions, where the fuel becomes too thick to flow correctly.

Precursors to chemicals
By the process of cracking, alkanes can be converted to alkenes. Simple alkenes are precursors to polymers, such as polyethylene and polypropylene. When the cracking is taken to extremes, alkanes can be converted to carbon black, which is a significant tire component.

Chlorination of methane gives chloromethanes, which are used as solvents and building blocks for complex compounds. Similarly treatment of methane with sulfur gives carbon disulfide. Still other chemicals are prepared by reaction with sulfur trioxide and nitric oxide

Other
Some light hydrocarbons are used as aerosol sprays.

Alkanes from hexadecane upwards form the most important components of fuel oil and lubricating oil. In the latter function, they work at the same time as anti-corrosive agents, as their hydrophobic nature means that water cannot reach the metal surface. Many solid alkanes find use as paraffin wax, for example, in candles. This should not be confused however with true wax, which consists primarily of esters.

Alkanes with a chain length of approximately 35 or more carbon atoms are found in bitumen, used, for example, in road surfacing. However, the higher alkanes have little value and are usually split into lower alkanes by cracking.

Hazards
Alkanes are highly flammable, but they have low toxicities. Methane "is toxicologically virtually inert." Alkanes can be asphyxiants and narcotic.

title: Alkane


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Appellate procedure in the United States

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.

Access to appellant status
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 an "appellee", "defendant in error", "respondent". 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
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.

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. 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.

Direct or collateral: Appealing criminal convictions
Many jurisdictions recognize two types of appeals, particularly in the criminal context. 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.

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
"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
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. 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
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.

State post-conviction relief: collateral appeal
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. 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. 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.

Notice of appeal
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.

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
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."' 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."

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
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.
 * Vacated : Where the reviewing court overturns the lower courts' ruling(s) as invalid, without necessarily disagreeing with it/them, e.g. because the case was decided on the basis of a legal principle that no longer applies.
 * 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'".

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.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Answer (law)

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.

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.

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.

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.

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.

title: Answer (law)


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Appellate court

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.

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.

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).

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. fgc for all the

Courts of criminal appeals

 * Civilian
 * Court of Criminal Appeal (England and Wales), abolished 1966
 * Court of Criminal Appeal (Ireland), abolished 2014
 * U.S. States:
 * Alabama Court of Criminal Appeals
 * Oklahoma Court of Criminal Appeals
 * Tennessee Court of Criminal Appeals
 * Texas Court of Criminal Appeals

 * Military
 * United States Army Court of Criminal Appeals
 * Navy-Marine Corps Court of Criminal Appeals (United States)
 * Coast Guard Court of Criminal Appeals (United States)
 * Air Force Court of Criminal Appeals (United States)

Courts of civil appeals

 * Alabama Court of Civil Appeals
 * Oklahoma Court of Civil Appeals

Australia
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.

New Zealand
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.

Philippines
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.

Sri Lanka
The Court of Appeal of Sri Lanka, located in Colombo, is the second senior court in the Sri Lankan legal system.

United States
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.

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 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.

Nomenclature
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.

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.

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.

title: Appellate court


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Arraignment

Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal 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 (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.

Australia
In the Australian legal system, arraignment is the first stage in a criminal trial. The indictment is read to the defendant, who is asked to plead guilty or not guilty. Arraignment procedures vary somewhat among jurisdictions. In New South Wales, the arraignment takes place before the judge only. In South Australian practice, the jury hears the arraignment. In Queensland the indictment is read to the defendant by the judge's associate prior to the empanelling of the jury.

Canada
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.

France
In France, the general rule is that one cannot remain in police custody for more than 24 hours from the time of their 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.

Germany
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.

New Zealand
Under 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.

South Africa
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.

United Kingdom
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.

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.

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.

United States
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.

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, or 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.

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.

In California, arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays.

Form of the arraignment
The wording of the arraignment varies from jurisdiction to jurisdiction. However, it generally conforms with the following principles:
 * 1) The accused person (defendant) is addressed by name;
 * 2) The charge against the accused person is read, including the alleged date, time, and place of offense (and sometimes the names of the state's witnesses and the range of punishment for the charge(s)); and,
 * 3) The accused person is asked formally how they plead.

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.

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.

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.

If the defendant pleads not guilty, a date is set for a preliminary hearing or a trial.

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.

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.

title: Arraignment


text:
America the Beautiful

"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.

Bates wrote the words as a poem, originally titled "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 titled "America".

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.

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.

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.

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".

Ward died in 1903, not knowing the national stature his music would attain. The song's popularity was well established by the time of Bates's death in 1929. It is included in songbooks in many religious congregations in the United States.

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.

Notable performances

Elvis Presley performed it many times in concerts starting in 1976.

Bing Crosby included the song in a medley on his album 101 Gang Songs (1961).

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.

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.

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.

Barbra Streisand released an official music video footage during Norman Lear's Special in 1982.

During her rise to stardom, R&B singer Mariah Carey sang the song at the 1990 NBA Finals.

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."

The song has been performed as part of the Indianapolis 500 pre-race ceremonies since 1991.

The US singer/songwriter Martin Sexton recorded a gospel-tinged version on his LP "Black Sheep," released in 1996.

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.

The hymn has been featured in the pregame for a number of Super Bowls, the championship game for each NFL season. It is sung along with the "Star-Spangled Banner" and, more recently, the hymn "Lift Every Voice and Sing," commonly referred to as the "Black national anthem". 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. Notable performers at the Super Bowl include Ray Charles, Alicia Keys, John Legend, Faith Hill, Mary J. Blige with Marc Anthony, Blake Shelton with Miranda Lambert, Queen Latifah, Leslie Odom Jr., and Babyface. Post Malone performed the song for the most recent game, Super Bowl LVIII, in 2024.

The song, performed by 5 Alarm Music, is featured heavily in a dystopian action horror franchise The Purge in both trailers and films.

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.

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.

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.

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.

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."

In 2024 Christopher Macchio sang the song to close the 2024 Republican Party's national convention in Milwaukee, Wisconsin.

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.

"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.

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.

Books
Lynn Sherr's 2001 book America the Beautiful: The Stirring True Story Behind Our Nation'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.

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.

title: America the Beautiful