How does an appeals court decide a case

There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly. An appeal is available if, after a trial in the U. District Court, the losing side has issues with the trial court proceedings, the law that was applied, or how the law was applied. In criminal cases, the government does not have the right to appeal. The reasons for an appeal vary. However, a common reason is that the dissatisfied side claims that the trial was conducted unfairly or that the trial judge applied the wrong law, or applied the law incorrectly.

The dissatisfied side may also claim that the law the trial court applied violates the U. For legal assistance a solicitor should be contacted. Yes No. Tell us what you were looking for. About the judiciary About the judiciary The judiciary, the government and the constitution The justice system Who are the judiciary? Courts and Tribunals Judiciary You and the judiciary Appeals process. An appeal is not another trial but an opportunity for the defendant to try to raise specific errors that might have occurred at trial.

A common appeal is that a decision from the judge was incorrect — such as whether to suppress certain evidence or to impose a certain sentence. Appeals are complicated and sometimes result in the case going back to the trial court. Advanced Search. Appeals Process.

The side that files the appeal is called the "appellant. The side that appeals the appellant can ask the appellate court to decide if certain kinds of legal errors mistakes were made: Prejudicial error: This kind of error is a mistake about the law or court procedures that causes substantial harm to the appellant. Prejudicial error can include things like mistakes made by the judge about the law, incorrect instructions given to the jury, and errors or misconduct by the lawyers or by the jury.

The mistakes must have harmed the appellant. No substantial evidence: The appellant can ask the appellate court to determine if there was no substantial evidence that reasonably supported the trial court's decision.

There are different kinds of review guidelines for different kinds of trial court decisions. These guidelines are called "standards of review" When you the appellant argue that the trial court made a legal error, the appellate court looks first at what the standard of review is for the particular kind of decision made in your trial court case.