Appellate Law
A trial may not be the end of a case, and one or both parties may want to appeal a part or the full trial decision. In addition, they may want to appeal specific parts of the proceedings of the lower court that may have prompted the jury or the court to arrive at a wrong verdict.
An appeal is the process of asking a higher court to reassess a judgment made by a lower court or an administrative agency, and appellate lawyers are the attorneys who assist clients in pursuing or defending an appeal.
Accomplished lawyers at SBEMP (Slovak, Baron, Empey, Murphy, & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding locations.
The Review Process
The appeals court reviews the decision by the lower court to understand if they made an error. The appeals court does not start a new trial or accept new evidence. Rather, they evaluate the record from the lower court.
A review of the record may involve viewing pieces of evidence, reading a transcript, and understanding the arguments of both parties. In addition, a higher court may listen to verbal arguments where they can question the lawyers representing the parties.
At times, the reasons for an appeal are apparent. However, in some cases, a lawyer must identify the issues and assess their worth. A sagacious appellate lawyer must be aware of how to identify the specific aspects that may form grounds for an appeal.
An appellate law attorney will need to prepare the appeal and compile the required supporting documents when they advocate for the client bringing the appeal. If the lawyer is working for the responding party, they will need to compile and file an appropriate response.
Administrative Reviews
All appellate work does not initiate in a lower court. A large number of hearings and decisions from the state as well as federal agencies occur at administrative hearings.
For instance, if a person is contesting an unemployment benefits denial, the proceedings will likely begin in front of an administrative hearing officer. This also holds true for a hearing on food stamps benefits eligibility or challenging a license suspension from the state department of motor vehicles.
In a majority of cases, you can bring an action in court to review the verdict if you do not agree with the hearing officer’s decision. On occasion, the judicial branch will start an entirely new trial with evidence. At other times, the appellate court may review the administrative record.
The Purpose of Higher Courts
Appellate courts serve many purposes. Firstly, lawmakers want to offer citizens a consistent justice system throughout a state and country. They do not want to give complete power to an individual judge.
An appeals process offers the litigant a possible course of action in case the lower court does not provide the correct verdict. The appeals process is a measure of accountability for the trial judges.
Sometimes there can be an honest oversight by the judge. In such cases, higher courts help rectify these mistakes. Litigants have access to justice as well as a fair and consistent rule of law with the possibility of error correction.
Finally, higher courts offer legal interpretations in ways that have an effect on society as a whole.
Dedicated lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
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SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
