Appeal

What is an Appeal in Law?

Imagine a legal system where every decision can be reviewed by a higher authority—this is the essence of an appeal. An appeal serves as both a process for correcting errors and clarifying laws. It’s like having a second chance to ensure that justice was served, but this time with a fresh perspective from a higher court.

The Evolution of Appellate Courts

Appellate courts have been around for thousands of years, dating back to ancient civilizations such as Babylon and the Roman Empire. However, it wasn’t until the 19th century that common law jurisdictions began incorporating a right to appeal into their legal systems.

American vs British Terminology

Interestingly, American English and British English have diverged significantly in appellate terminology. In America, cases go ‘up on appeal,’ while decisions are said to be ‘under appeal.’ Meanwhile, in Britain, an appeal is either ‘dismissed’ or ‘allowed.’

A Long History of Appellate Courts

Appellate courts have a rich history that spans centuries. The concept of a right to appeal was relatively recent in common law jurisdictions. Early English courts used writs of error and certiorari as routes to appellate relief, but it wasn’t until 1873 in England and 1907 for criminal cases that the right to appeal became more formalized.

The U.S. System

In the United States, the system of intermediate appellate courts was established in 1789. This has since evolved into the existing structure of the United States Courts of Appeals. These courts play a crucial role in ensuring that lower court decisions are fair and just.

Appellate Procedure

The process of an appeal involves reviewing final orders and judgments from lower courts. Appellate courts generally defer to the record established by the trial court unless some error occurred during fact-finding. Many jurisdictions provide a statutory or constitutional right for litigants to appeal adverse decisions, but this right can be waived.

Starting an Appeal

The appellate process begins with a petition for review or certiorari. This is followed by the submission of written legal briefs and oral arguments before a judge or panel. In some cases, an amicus curiae (friend of the court) may be allowed to submit a brief, and judges may ask questions during oral arguments.

Outcomes of Appeals

The appeal can end in one of two ways: reversal (correcting the lower court’s decision) or affirmation (affirming the lower court’s decision). Appellate courts usually affirm or reverse decisions, with some jurisdictions having intermediate appellate courts subject to further review.

Specialized Courts

Some courts serve as both appeals and ‘first instance’ courts, while others retain original jurisdiction over limited cases. This dual role ensures that the legal system is robust and flexible enough to handle a wide range of disputes.

In conclusion, the appeal process is a vital component of our legal system. It ensures that justice is not only done but seen to be done. By providing a mechanism for reviewing and correcting errors, appeals help maintain the integrity of our judicial processes.