Appellate Review is a legal process by which the decision of a lower court is examined by a higher court. The higher court, often an appellate or supreme court, reviews the case to determine if there were any legal errors in how the lower court handled the case. This process plays a crucial role in ensuring that the judicial system upholds the law correctly and consistently.
Types of Appellate Review
De Novo Review
In this type of review, the appellate court re-examines the case from scratch without giving deference to the lower court’s findings. This is often applied to legal conclusions rather than factual findings.
Abuse of Discretion
Here, the appellate court reviews whether the lower court made a decision outside the bounds of reasonable choices. This is less stringent, giving more deference to the lower court’s decision.
Clearly Erroneous
Used primarily for factual findings, the appellate court will overturn a lower court’s decision only if it was a clear error.
Plain Error
Applied mainly in criminal cases, plain error occurs when a legal mistake is clear and obvious and affects the outcome of the case substantially.
Appellate Review Process
Filing an Appeal
The process begins with the appellant filing a notice of appeal. This is a formal declaration indicating the intent to seek review from a higher court.
Record on Appeal
The appellate court reviews the record on appeal, which includes transcripts, evidence, and other documents from the trial court proceedings.
Briefs and Oral Arguments
Both parties submit written briefs outlining their arguments. In some cases, the appellate court may also hear oral arguments.
Decision
After reviewing the materials, the appellate court issues a decision which may affirm, reverse, or remand the case back to the lower court for further proceedings.
Special Considerations
- Standard of Review: Different standards apply depending on what is being reviewed (e.g., factual findings vs. legal conclusions).
- Scope of Review: Appellate courts generally do not consider new evidence or arguments not presented in the lower court.
Historical Context
Appellate review has its roots in English common law and has been integral to the American judicial system since its inception. Historically, it serves as a mechanism for correcting judicial errors and ensuring the development and consistency of legal principles.
Applicability
Appellate review is applied in a wide range of cases, from civil to criminal matters, providing a crucial check on the judicial power of lower courts.
Comparisons and Related Terms
Certiorari
Certiorari is a writ by which a higher court reviews a lower court’s decision, often used in the context of the U.S. Supreme Court.
Appeal vs. Review
While ‘appeal’ generally refers to taking a case to a higher court, ‘review’ can be broader, including reviews by administrative agencies.
Remand
To remand means to send a case back to the lower court for further action consistent with the higher court’s ruling.
FAQs
What Are Common Grounds for Appellate Review?
Can New Evidence Be Submitted During an Appellate Review?
What Is the Outcome of an Appellate Review?
References
- Black, H. C. (1990). Black’s Law Dictionary (6th ed.). West Publishing.
- Federal Rules of Appellate Procedure.
- American Bar Association. (2015). Appellate Practice.
Summary
Appellate Review is a critical component of the judicial system, allowing higher courts to ensure that legal standards are correctly applied and upheld by lower courts. It encompasses various types of reviews, each with unique standards and scopes, to ensure judicial decisions meet the required legal standards.
