The Appellate Process

In the context of case law, an appeal refers to a request made by a party in a legal case to a higher court to review and change the decision of a lower court. The party who files the appeal is called the “appellant,” while the other party is the “appellee.”  The appellate process is not about retrying the case or presenting new evidence. Instead, it focuses on whether the lower court applied the law correctly in making its decision.

The Appellate Process

Initiating an Appeal

The appellate process begins when the appellant, who is unhappy with the lower court’s decision, files a “notice of appeal” with the court. This notice should be filed within a specific time frame after the lower court’s decision, usually within 30 days.

The Briefs

After filing the notice, the appellant writes a legal document called an “appellant’s brief,” in which they argue why the lower court made a mistake. The appellee can then respond with their own “appellee’s brief,” defending the lower court’s decision.

Oral Arguments

Following the submission of briefs, the appellate court may hold oral arguments. During these sessions, lawyers for both sides present their arguments to the judges. These arguments usually focus on legal issues, not facts, as the judges have already reviewed the facts in the briefs.

Decision of the Appellate Court

After the appellate court reviews the briefs and hears the oral arguments, the judges make their decision. They can affirm (agree with), reverse (disagree with), or remand (send back) the case to the lower court.

If they reverse the lower court’s decision, they may provide a “mandate,” instructing the lower court on how to proceed. The court’s decision is written in an “opinion,” a document that explains the court’s reasoning. The opinion becomes part of case law and can serve as a precedent for future similar cases.

The Right to Further Appeal

Even after the appellate court’s decision, the appellant still has the right to further appeal to a higher appellate court or, in some cases, the Supreme Court. However, it is important to note that the higher courts have discretion over which cases they will hear.

Summary

The appellate process is a critical part of understanding case law. An appeal is a request by a party to review and potentially change a lower court’s decision. The process begins with a notice of appeal, followed by the preparation and submission of briefs by both parties. After reviewing the briefs and hearing oral arguments, the appellate court will either affirm, reverse, or remand the case.

The court’s decision is provided in an opinion, which becomes part of case law. If the appellant is still not satisfied, they can make a further appeal to a higher court. By understanding this process, we gain insight into how case law is shaped and modified.

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On Other Sites

• Richadson, R. J., & Vines, K. N. (1967). Review, dissent and the appellate process: A political interpretation. The Journal of Politics, 29(3), 597-616.

Modification History

File Created:  08/07/2018

Last Modified:  08/07/2018

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