An appeal is a process by which a party who is dissatisfied with a court’s decision asks a higher court to review that decision. This process provides an opportunity to correct errors that may have occurred during the original trial or hearing. Understanding the appeals process is crucial for anyone involved in legal proceedings.
The appeal process typically involves several stages, including filing a notice of appeal, submitting written arguments (briefs), and sometimes presenting oral arguments before the appellate court. The appellate court reviews the record from the lower court, including transcripts, evidence, and legal documents, to determine whether any errors were made that warrant reversing or modifying the lower court’s decision.
The Appeal Process in Detail
Appeals courts don’t retry the facts of a case. Instead, they focus on whether the lower court correctly applied the law. This means that the appellate court will examine issues such as whether the proper legal standards were applied, whether evidence was improperly admitted or excluded, and whether the jury was properly instructed.
Although some cases are decided based solely on written briefs, many are selected for oral argument. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges, focusing on the legal principles in dispute. Each side is given a short time – typically about 15 minutes – to present arguments to the court.
Most appeals are final. The court of appeals decision is usually the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases, the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit.
A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a “writ of certiorari,” which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal.
Different types of cases are handled differently during an appeal. For instance, the rules governing appeals in civil cases differ from those in criminal or bankruptcy cases. Understanding these differences is key to navigating the appeals process successfully.
Civil Case Appeals
In a civil case, either side may appeal the verdict. This means that both the plaintiff and the defendant have the right to seek review of the trial court’s decision by an appellate court.
Criminal Case Appeals
In a criminal case, the defendant may appeal a guilty verdict. However, the government may not appeal if a defendant is found not guilty due to the constitutional protection against double jeopardy. Either side in a criminal case may appeal with respect to the sentence imposed after a guilty verdict.
Bankruptcy Case Appeals
In a bankruptcy case, an appeal of a ruling by a bankruptcy judge may be taken to the district court. Several courts of appeals, however, have established a bankruptcy appellate panel consisting of three bankruptcy judges to hear appeals directly from the bankruptcy courts. In either situation, the party that loses in the initial bankruptcy appeal may then appeal to the court of appeals.
Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a “brief.” In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the “appellee,” tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case.
Other Types of Appeals
A litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals. Judicial review in cases involving certain federal agencies or programs – for example, disputes over Social Security benefits – may be obtained first in a district court rather than a court of appeals.
The Role of Briefs in the Appeals Process
A crucial part of any appeal is the submission of legal briefs. These documents provide the appellate court with a written explanation of the legal arguments supporting each party’s position. The appellant’s brief outlines the alleged errors made by the lower court, while the appellee’s brief defends the lower court’s decision.
The quality of these briefs can significantly impact the outcome of the appeal. A well-written brief should clearly and concisely present the relevant facts, legal issues, and supporting authorities. It should also anticipate and address any counterarguments raised by the opposing party.
Seeking Further Review: The Supreme Court
After an appellate court renders its decision, the losing party may have the option of seeking further review by a higher court, such as the U.S. Supreme Court. However, obtaining review by the Supreme Court is not guaranteed. The Court has discretion to decide which cases it will hear, and it typically only grants review in cases that involve significant legal issues or conflicting interpretations of federal law.
Conclusion
Understanding what an appeal is, its process, and the different types of appeals available is essential for anyone involved in the legal system. It offers a crucial avenue for correcting errors and ensuring justice is served. Whether you’re dealing with a civil, criminal, or bankruptcy case, knowing your rights and options regarding appeals is paramount. The appeals process provides a vital check on the judicial system, ensuring that decisions are fair, just, and in accordance with the law.
