Legal Definitions - appellate procedure

Appellate procedure refers to the set of rules and practices that appellate courts follow when reviewing judgments made by lower courts. The main purposes of appellate review are to correct errors made by the lower court, develop the law, and ensure consistency across courts.

• When a person is convicted of a crime and believes that the trial court made a mistake, they can appeal the decision to a higher court. The appellate court will review the trial court's decision and determine whether any errors were made.
• If two parties are involved in a civil lawsuit and one party wins, the losing party can appeal the decision to a higher court. The appellate court will review the lower court's decision and determine whether it was correct.

These examples illustrate how appellate procedure works in practice. In both cases, the losing party is seeking to have the decision of the lower court overturned by a higher court. The appellate court will review the lower court's decision and determine whether it was correct or whether any errors were made.

Appellate procedure focuses on several key themes:

• Which judgments are appealable
• How appeals are brought before the court
• What will be required for a reversal of the lower court
• What rules will govern the appeals process

These themes are important because they determine how the appellate process will work in practice. For example, the rules governing appeals will determine how much time the parties have to file their briefs and whether oral argument will be allowed.

Appellate procedure is an important part of the legal system that ensures that lower court decisions are reviewed and corrected if necessary. By following established rules and procedures, appellate courts can ensure that justice is served and the law is applied consistently across the country.