Appellate Courts

Posted December 22nd, 2012 by admin and filed in Uncategorized

After a trial has been held, the losing party may assess whether or not he would like to have the case reviewed by an appellate court. However, one doesn’t have to lose in order for an appeal to be an option. Even a winning party who may have only been granted part of what it wanted can appeal the case to a higher court.

Nevertheless, this may not always be a viable possibility. The lawyer may advise against it on the grounds that his client doesn’t have a good enough basis for appealing. Or, the party might be unable or unwilling to invest any more money in further litigation.

Two layers of Appellate Courts

Federal courts and those of big states have two layers of appellate courts.

  • Intermediate Appellate Court: It is called the Courts of Appeals at the federal level but its name will vary from state to state. This court is required to hear every case brought before it. Smaller states do not have this layer.
  • U.S. Supreme Court or the State’s Supreme Court: This is the highest level of court. If a party does not like to ruling given in the intermediate appellate court, it can appeal to the supreme court. However, the supreme court can determine whether or not it hears the case.

The goal of the appellate court is to correct errors in the courts below that violate the justice of the judicial process. It attempts to do so effectively and efficiently in order to prevent a unnecessary delay in the whole judicial process.

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