What is the general function of the appeals process in the federal court system?
A. to review and possibly overturn decisions based on whether the decision itself was incorrect
B. to review and possibly overturn decisions based on whether the process that reached a decision was incorrect
C. to provide all people with multiple chances to get the result they desire from a court
D. to insure that lower courts act competently as they know their decisions may be reviewed
- The MikelLv 78 months ago
The APPEALS process is to review the court trial transcripts to find FAULT with the process. If such fault is serious a decision is made to:
1. Overrule the findings as misapplication of rule of law.
2. Return the case to the lower court for retrial.
3. Vacate the findings.
"The appellate courts do not retry cases or hear new evidence.
They do not hear witnesses testify.
There is no jury.
Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly."
- joensfcaLv 78 months ago
B. to review and possibly overturn decisions based on whether the process that reached a decision was incorrect.
Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.
On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case.The court of appeals makes its decision based solely on the trial court’s or agency’s case record. The court of appeals does not receive additional evidence or hear witnesses. The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”
- EisbärLv 78 months ago
B. But I have to answer with more than 15 characters, so I will provide more info for your reading pleasure. Appeals courts are not "courts of redo." They are for seeing if any legal errors were committed by the trial court, or lower courts, and so may, but not always, result in a decision being overturned. I.e., if a criminal court allowed in evidence that should not have been admissible, and said evidence was found to be the basis of the conviction, then that might result in the full decision being overturned. But they cannot overturn a conviction where all the legal evidence was sound, and there were no legal errors, and the defendant is just wanting a second opinion by a new set of fact finders. That's not what appeals courts are for. That's solely for trial courts to decide.