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Appellate Law
What is appellate law?
After a decision is
rendered in a civil or criminal law trial by a
trial judge or jury, the party who loses has
the right to have the decision reviewed by a
higher court. Appellate Law (also known as
appeals process) consists of the rules and
practices by which higher courts review lower
court judgments.
How is appellate law
different from other forms of litigation?
Appellate law is different than other forms of
litigation in the respect that the facts and
information already exists and an appellate
record is created which is limited to what was
already presented to the trial court. The
issue for the appellate court is generally
whether the lower court did something wrong.
An appeal is presented to a multi-judge
appellate panel and is decided on written
briefs, and in some cases oral arguments.
What
is an appeal?
An appeal is the process by
which the higher court reviews the decision of
the lower trial court. The right to appeal an
adverse legal decision is granted by the
United States Constitution and in state
constitutions. Anyone who has had an adverse
court decision made against him or her is the
party with the right to appeal and to seek
review of the decision.
What is a Writ?
A
writ is an order from a higher court to a
lower court or to a government official.
Defendants may seek several types of writs
from appellate judges directed at the trial
court or at a lower appellate court. Writs,
like appeals, are complex and involve specific
details. Defendants facing situations where
they may be entitled to take a writ should
consult counsel.
Can new evidence be heard at
my appeal hearing?
Appellate courts do not
retry cases or hear new evidence. Instead,
appellate courts review what occurred in the
trial court to see if the proper procedures
were followed and the proper law was applied.
What if I don't like the ruling in my appeal?
A party who is dissatisfied with the results
on appeal can petition a higher appellate
court to review the case. In NC State Courts,
this would be the NC Supreme Court. If a
federal issue is involved, the U.S. Supreme
Court can take cases from the state appellate
courts. If the litigation occurred in a NC
Federal Court, the appeal would be made to the
4th Circuit Court of Appeals, located in VA.
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