Appealing a Court Decision or Judgment
Most decisions of a state or federal trial court (or an agency) are subject to review by an appeals court, including decisions regarding accident and injury cases. Whether the appeal concerns a judge's order or a final judgment entered by a jury, an appeals court reviews what happened in proceedings below for any errors of law. If the court finds an error that contributed to the trial court's decision, the appeals court will reverse that decision. The lawyers for the parties submit briefs to the court and may be granted oral argument. Once an appeals court has made its decision, the opportunity for further appeals is limited. The number of parties filing appeals has risen substantially in the last few decades, causing the state and federal court systems to implement changes in an effort to keep up.
Trials vs. Appeals
A trial and an appeal have a few similarities, but also many important differences. At trial, the parties present their cases, calling witnesses for testimony and presenting other pieces of evidence, such as documents, photographs, reports, surveys, diaries, blueprints, etc. The jury weighs this evidence and determines the facts of the case, that is, what they believe actually happened. A jury is therefore sometimes referred to as the finder of fact. The judge controls the activities in the courtroom and makes all the legal decisions, such as ruling on motions and on objections raised by the attorneys. The judge is often called the finder of law. If the parties have chosen a bench trial, rather than a jury trial, the judge will make both findings of fact and findings of law.
An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence.
Another difference between a trial and an appeal is the number of judges involved. A single judge presides over a trial. An appeal, however, is heard by several judges at once. How many depends on the jurisdiction. At the initial appeals court level, courts may have from three to a few dozen judges. Yet on the larger courts, the full number of judges seldom hear claims together. Instead, appeals are typically heard by panels, often comprised of three judges. In rare instances, the full court may decide to grant a motion for rehearing "en banc," in which event all the judges on the appeals court hear the case together and issue a new decision. Supreme courts, at the state and federal level, have from five to nine judges, referred to as justices.
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