Appellate law is about undoing a less than favorable trial court outcome. However, an appeal is not a new trial because you cannot present new evidence or consider new witnesses.
Appellate lawyers scrutinize trial records and other documents, including trial transcripts and evidentiary materials. Then, they analyze relevant case laws to decide if it makes sense to appeal. Such decisions are based on errors in the trial procedure or an error in the interpretation of the law.
If there is a sufficient reason for the appeal, the appeal lawyer files a brief. The brief presents relevant arguments for the appeal and seeks an opportunity for the lawyer to argue those points.
Appellate courts exist to review the decision of the lower court or the order of an administrative agency. Appeals determine if the court has applied the law correctly or if the judge has made a mistake. Appellate laws are set to correct these mistakes and give people access to a fair rule of law.
Similarly, sometimes one court’s ruling can affect a larger segment of society. In those cases, the higher court steps in to make a policy decision that the lower courts apply in future decisions.
The process begins by filing a notice of appeal. The appeal lawyer files a brief stating the client’s side of the facts and legal arguments. The party appealing is called appellant, and the party required to respond is the appellee. The appellee then files an answer brief giving reasons for opposing the brief. The appellant may then file a second brief, answering points raised in the reply brief.
Sometimes, a decision is made based on the written brief. Other times, the appellate court allows an oral argument before coming to a decision.
There are two types of appeals. Here is a quick look at both of them.
This type of appeal refers to a party’s right to appeal a trial court’s decision without needing approval from any court.
This type refers to an appellate court’s discretion to decide whether an appeal is to be reviewed by the court.
There are three basic categories of decisions that can be appealed for review. They are questions of law, questions of fact, and questions of abuse of discretion. Additionally, findings of facts are reviewed for clear error.
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