Cases do not always end with a trial. The parties involved may want to seek another ruling on part or the entire verdict. Furthermore, they may be interested in appealing certain aspects of the proceedings they believe may have caused the court or jury to reach the wrong ruling. The process of requesting a higher court to change the decision reached by a lower court is called an appeal. Attorneys who deal with these appeals are known as appellate attorneys.
The Process Of Reviewing Cases
The appeals court’s duty is to review decisions made by lower courts to eliminate any doubts that a mistake had been made. The court will not hold a new trial or take in new evidence. Instead, they will review the records filed at the lower court. Reviewing these records involves reading a transcript, reviewing the argument posed by both parties, and looking at the evidence presented. Additionally, the higher court may listen to oral arguments where they can question the attorneys who were handling the case.
In some cases, the matter that is being appealed is obvious. In other cases, the attorney should be keen on spotting issues and evaluating their merits. A skilled attorney should know how to spot issues that qualify for an appeal. When a lawyer is advocating for the client who wants an appeal, they should compile all the appropriate documents supporting their case. They should also prepare an appeal. If they are working for the responding party, they should file a response.
All appellate work does not operate at lower courts. Many hearings and decisions occur in administrative hearings. For instance, if you are fighting a denial of unemployment benefits, it is likely that you start your case by confronting an administrative hearing officer. Also, if you are claiming that you qualify for food stamp benefits or challenging a driver’s license suspension, your case will start at the state’s department of vehicles.
If you are not happy with the court’s ruling, you can bring an action in court for a review of the decision. In some cases, the judicial branch will conduct a new trial and accept new evidence. In other cases, the administrative records will be reviewed. These kinds of hearings are covered by appellate law.
Why Have Higher Courts?
Appellate courts are there for a few reasons. Firstly, lawmakers expect citizens to get justice throughout the country. They want to avoid a situation where an individual judge acts as an aristocrat or king. The appeals process allows the litigant to seek justice elsewhere if the lower court does not make the right ruling. The appellate courts keep trial judges in check.
Additionally, judges at times make mistakes. Higher courts step in to rectify these errors. This opportunity to correct their errors allows litigants to seek justice and a fair ruling. Finally, appellate courts interpret the laws. When a court ruling is a significant one and affects a large population, the higher courts come in to set policy. Thereafter, the lower courts use this policy when ruling on similar cases in the future.
Why Are Appellate Lawyers Different?
- Appellate lawyers are powerful. Some appeals have the potential to affect the law in a particular state. Therefore, appellate lawyers are powerful in the sense that they can impact the law in a given state or country.
- Appellate lawyers are different than trial lawyers. The latter are supposed to think on their feet whereas appellate lawyers should be good in preparation and should have excellent communication and problem-solving skills.
- An appellate attorney also works for private clients. They may work for a defendant or plaintiff in a civil case. They can also work for the district attorney or prosecution in criminal cases. They may also work for a criminal defendant who wants to appeal their case.
- Appellate courts also work for courts. The highest courts also need lawyers. Appeals judges employ clerks to research for them and make suggestions to the judges. The lawyers of appellate courts read submitted legal documents, research, create summaries, and make suggestions to judges.
Appellate law is a field of law that many people are aware of. It is based on the concept of appealing for rulings that are not fair. In case you or a loved one is disgruntled by a court ruling, you could always hire a Brownstone Law appellate law firm to get a satisfactory ruling.