What is Appeal?
A legal proceeding in which a higher court reviews the decision of a lower court to determine if legal errors were made that affected the outcome.
Understanding Appeal
Appeals focus on legal errors, not factual disputes. Appellate courts review the trial record and written briefs, rarely hearing new testimony. Outcomes include affirming the decision, reversing it, or remanding for a new trial. Appeals can take months or years.
Examples
- 1Appealing jury verdict based on improper jury instruction
- 2Challenging judge's ruling excluding key evidence
- 3Appellate court reversing and ordering new trial
Related Terms
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Demand Letter
A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.
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