The decisions of appellate courts are fully reasoned, widely available and they do not always pull their punches. Only a small number of the millions of cases commenced each year are subject to a successful appeal. For example, 1,, civil non-family cases started in , whilst just 1, appeals were filed in the Court of Appeal Civil Division in the same period. It is vital the right exists as it ensures that if a judge does make an error of law or fact the means exist to correct it.
In this sense the right of appeal as a form of explanatory accountability has two distinct but overlapping functions, one private and one public. These were first noted by the Roman legal scholar Justinian. The private function is to provide accountability to the individual litigants. 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. The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty.
Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict. 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. What are some important words and phrases that I need to know as I start the appeals process?
What should I consider when deciding whether or not to file an appeal? The process for filing an appeal How do I know if I can appeal my case?
How do I start the appeals process? Do I need a lawyer to appeal my case? What is a motion to stay? How does it affect the order I am appealing? The typical steps in the appeals process Step 1: File the Notice of Appeal.
Step 2: Pay the filing fee. Step 4: Order the trial transcripts. Step 5: Confirm that the record has been transferred to the appellate court. Step 6: Determine what must be filed with your brief. Step 7: Determine when your brief must be filed. Step 8: Check the length and formatting requirements for the brief. Remember, the appeals court will not review anything that was not presented or is not part of the official court record from the trial court. If you are the party who is appealing, the job of your appeals lawyer is to explain to the appeals court why, based upon the information presented to the trial judge, the trial court ruled incorrectly and should be reversed.
Finally, you may wonder why you would need an appeals lawyer if you won your case. If your opponent is unhappy with the decision and appeals it, you need an appeals lawyer to write a brief on your behalf to defend the decision. When an appeals lawyer represents the appellee - the person who won - it's her job to show the appeals court that the trial court reviewed all the evidence presented and ruled correctly.
About the author: Kathi M. She is the head of the appellate law department and has represented many clients at the Arizona appellate courts. This article is not intended to provide legal advice and only relates to Arizona law. It does not consider the scope of laws in states other than Arizona.
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