Know How to Appeal a Lower Court Decision

appellate court decision

There is nothing worse than to have a case that you have worked so hard to win get thrown into a heap by a lower court for one reason or another. This is what happens when your legal merits are up for review. When a case is reviewed, one of the main factors that determine its ultimate fate is its ability to withstand scrutiny by an appellate court.

Categories of Cases

There are two main categories of cases that are routinely referred to this court. These categories consist of a criminal case and a civil case. In any event, the first category is much more likely to receive an appeal than the second. For this reason, those who are involved in criminal proceedings are strongly advised against trying a case in which they may have a difficult time appealing.

If the majority of the legal merits in your case are not strong enough for a successful appeal to the Appeals Court, then you may be advised to try the case in front of the Appeals Court just to see what the outcome will be. However, if you have a strong case, it is often worth it to at least attempt to have the Appeals Court to take up your case. It is not unusual for the Appeals Court to deny a case outright or to take less time with a case to avoid the high costs involved in a trial. If your case is strong, you may be able to convince the Appeals Court to take up your appeal. On the other hand, it is also possible for the Appeals Court to deny your appeal based on one of several factors. For instance, if your legal merits are weak the Appeals Court may not want to spend the time necessary to properly review the case.

Hear a Case?

The most important factor that goes into determining whether an Appeal Court will hear a case is whether there was a substantial court record before the date that the Appeals Court ordered the case to be heard. The majority of Appeals Court opinions are written by Associate Judges. These opinions are not written with the court in mind and do not accurately represent the views of the court as a whole. The opinions may well be written to write a favourable opinion for the parties, but they do not reflect the court’s actual opinion on the merits of the case.

appellate court decision

Generally, the lower court is not expected to take another look at the evidence against the defendant, although it is sometimes ordered to do so. When a lower court refuses a motion to dismiss, a lawyer can petition the Appeals Court to reconsider its refusal. The lawyer must raise and document the facts supporting the petition, as well as the technical details of the case. After the case has been before the Appeals Court for 30 days, it becomes a part of its record.

Decision

There is no guarantee that the Appeals Court will reverse the lower court’s decision. There are several reasons why the Appeals Court may refuse to take up a case. To determine whether the case has a good chance of success, it takes a close look at all the facts and evidence in the case. However, the court may simply decide that it cannot find sufficient evidence to support the complaint. This is not a conclusive explanation but is the most likely reason given by the court.

If you believe that you have been wronged by the lower court, you should seek an appeal. You should also keep in mind that the rules governing mandatory mediation apply when you appeal. You need to request mediation from the court that issued your lower court ruling. You should also make sure to request that your attorney be allowed to participate as a mediator.

Mediation can be a very helpful process. It allows you and your attorney to work out an out-of-court settlement. A mediator’s report is needed by both sides before a final appeal is made. Therefore, you should request the court to allow an attorney to mediate the appeal, especially if the lower court did not allow one.