Appellate court

Appellate Court

An appellate court, also known as a court of appeals, is a type of court that hears appeals from lower courts. These courts review the decisions of lower courts to determine if the correct legal standards were applied and if the law was correctly interpreted.

Function

The primary function of an appellate court is to review and correct errors made by lower courts. This can include errors in the application of the law, the interpretation of the law, or the facts of the case. The appellate court does not retry the case or hear new evidence, but instead reviews the record of the lower court proceedings.

Structure

In many jurisdictions, the appellate court is structured as a panel of three or more judges. These judges review the case together and make a decision collectively. In some jurisdictions, the appellate court may be divided into divisions, each handling different types of cases, such as civil, criminal, or family law.

Process

The process in an appellate court typically begins with the filing of a notice of appeal by the party that lost in the lower court. This party, known as the appellant, then submits a written brief arguing why the lower court's decision was incorrect. The opposing party, known as the appellee, also submits a brief arguing why the decision was correct. The judges then review these briefs and the record of the lower court proceedings, and may hear oral arguments from the parties. After considering all of this information, the judges make a decision, which is then written as an opinion.

Impact

Decisions made by appellate courts can have a significant impact on the law. In many jurisdictions, the decisions of the highest appellate court are binding on all lower courts. This means that these decisions become part of the law and must be followed in future cases. This is known as precedent.

See also

• Trial court
• Supreme Court
• Judicial review
• Legal system