Appeals Law
In its broadest sense, an "appeal" is a formal request that
a "higher" body -- typically a higher court -- review the action,
procedure, or decision of a lower court, administrative agency, or other
body.
An appeal normally may be taken by the party who loses or did not get
all the relief he, she or it wanted. If both parties are dissatisfied,
each may appeal part of the decision.
An appeal normally may be taken only to the next higher body in the same
system. For example, an appeal of a decision in a state trial court normally
may be taken only to the state intermediate appellate court. Then the
party who lost on appeal may take a further appeal to the state's highest
court. (In some states the party would need "permission" from
either the intermediate court or the higher court to do so, unless there
had been a reversal or dissenting opinion, essential a "split-decision".)
The state's highest court is typically the final word on matters of that
state's law.
An appeal from an administrative law judge or hearing officer typically
must first be taken to the administrative agency's appeals board, and
then to the agency head, and only then to the appropriate court.
The principal grounds for appeal are:
(1) That the lower court made a serious error of law and/or
(2) that the verdict in the trial was against the weight of the evidence.
"Harmless errors" that are unlikely to have made a substantial
impact on the result are not a basis for reversing the judgment of a lower
court.
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