Appeals Law

When a case is lost in court, the losing party (an individual, a business, or an agency can be a party in this case) has the right to have their case reviewed by a higher court. An appeal is the term used for the formal request made to a higher court that a decision, an action or a procedure of a lower court be reviewed. This usually occurs when the party making the appeal either loses the case or does not get all the relief originally sought after.

When a case is being heard the first time, juries are often present. This is not what occurs during an appeals process. Only judges are present at this stage; they are there to review the facts of the original trial and the lower courts application of the law.?

Appealing a case can be a costly endeavor, so before deciding to do so, it is important to consider all the factors involved before proceeding with your case. There are additional factors involved in the appeals process that an appeals attorney would be able to advise you about, so its important to hire a lawyer with experience in appellate matters.?

While almost anyone can appeal a courts ruling (that is, both criminal and civil cases may be appealed), in order to do so you must have grounds for appeal. You must show:

That the lower court made a serious error in the law, and

That the verdict was against the weight of the evidence?

Only errors that made a substantial impact on the results of the case will be considered for reversing the judgment of a lower court. Errors that are considered to be harmless are those that do not affect the outcome of the case and are not sufficient grounds for appealing a case.

If indeed there are grounds for an appeal, it must be taken to the next higher court in the same system. The number of appeals possible depends on the number of courts higher than the one that made the original ruling. Some states have three or four levels of courts, while smaller states only have two. Each state will have its own laws that must be followed. Ultimately, the United States Supreme Court is the highest court in the land, and it has final authority to hear all cases decided upon in the federal court system.?

Sometimes appeals are made to an agencys appeals board or agency head, rather than a traditional court of law. This might be the case if you were denied Social Security benefits, for example. If you did not agree with their decision you would have the right to appeal. Many such large organizations have administrative law judges who hear these cases.

In the case of IRS rulings, in addition to appeals officers, there is the United States Tax Court where issues may be resolved when an Agents manager cannot resolve disagreements with agency rulings and taxpayers.

Remember, if your case has been heard already and a judgment has been made against you, challenging a conviction by appeal may be the next step. Contact an attorney experienced in handling appeals in the Internet Lawyer Directory.