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Legal Terms - Appeal
An appeal is a formal request for a higher court to review and evaluate the decision made by a lower court. In contemporary English practice, the majority of appeals are restricted to a scrutiny of the ruling made by the lower tribunal employing a transcript or record of the evidence presented before the tribunal. Under certain conditions, a complete *rehearing may occur, during which witnesses are summoned again and new evidence can be presented. The appellate tribunal possesses the authority to issue any order that the lower tribunal could have issued, with certain limitations imposed by statute. For instance, in criminal matters, the Court of Appeal is prohibited from imposing a sentence that is more severe than the one imposed by the trial court. Appellate tribunals typically hesitate to overturn the rulings of lower tribunals regarding matters of fact, even if they have the authority to do so. As a result, arguments during appeals often focus on purported legal mistakes made during the trial. Occasionally, such as in appeals made through the "case stated" process from magistrates' courts, the appeal may be legally limited to matters of law. Appeal can be distinguished from review, when the higher tribunal is limited to examining the record of the lower tribunal's proceedings, disregarding any evidence presented.
An appeal is a formal request for a higher court to review and evaluate the decision made by a lower court. In contemporary English practice, the majority of appeals are restricted to a scrutiny of the ruling made by the lower tribunal employing a transcript or record of the evidence presented before the tribunal. Under certain conditions, a complete *rehearing may occur, during which witnesses are summoned again and new evidence can be presented. The appellate tribunal possesses the authority to issue any order that the lower tribunal could have issued, with certain limitations imposed by statute. For instance, in criminal matters, the Court of Appeal is prohibited from imposing a sentence that is more severe than the one imposed by the trial court. Appellate tribunals typically hesitate to overturn the rulings of lower tribunals regarding matters of fact, even if they have the authority to do so. As a result, arguments during appeals often focus on purported legal mistakes made during the trial. Occasionally, such as in appeals made through the "case stated" process from magistrates' courts, the appeal may be legally limited to matters of law. Appeal can be distinguished from review, when the higher tribunal is limited to examining the record of the lower tribunal's proceedings, disregarding any evidence presented.
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