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In this lesson, you will learn the fundamentals for the appeal process, different types of appeals, and what legal basis is needed for an appeal. You will also learn common documents for the appeal stage.
Things to know about the Appeal stage
- Overview of the Appeal stage
- What is an appeal?
- Appeals as of right vs. discretionary appeals
- Legal basis for appeal
- Common documents at the Appeals stage
Transcript
The appellate stage begins when a judgment is rendered and the losing party, believing the judgment is wrong, appeals.
The person appealing is called the appellant or petitioner while the person who won in the lower court is the appelli or respondent.
Proceed challenges at the appeal stage include timely filing and preparation of briefs stating the error made and describing the standard of review.
An appeal is a review of a lower court\’s decision by a higher court. Witnesses, new arguments, and new evidence are not allowed.
In some cases, an appeal is a right and others, it\’s discretionary. An appeal as of right is a mandated right to challenge the outcome of a lower court\’s decision. The process begins with a notice of appeal.
The timeline is often longer than a discretionary appeal. The discretionary appeal process begins with the filing of a writ of certiorari. An interlocutory appeal is an example of a discretionary appeal.
An appellate court loath to overturn decisions by lower courts. That\’s why most decisions are upheld. An appellate court will not overturn factual findings by a judge Decisions where the losing party simply didn\’t like the verdict and cases where issues were not raised in the lower Courtroom5 appellate might correct a mistake made by the lower court where that mistake changed the final decision or where factual findings are very different from the evidence presented.
Filings at the appeal stage include the notice of appeal or writ of certiorari, the appellant or petitioner\’s brief, the appellee\’s or respondent\’s brief, and a reply brief.