How do appeals work in the United States justice system?
In the United States justice system, appeals are a mechanism for reviewing decisions made by lower courts. The appellate court, which is a higher court, can reverse, uphold or modify the decision of the lower court.
After a trial, a party may file an appeal if they believe that the decision of the lower court was erroneous or unfair. The party must file a notice of appeal and a brief explaining the legal basis for the appeal.
The appellate court does not conduct a new trial or hear new evidence, but instead reviews the trial record, which includes the evidence presented and transcripts of the trial proceedings. The appellate court may also consider legal arguments made by the parties in their briefs.
The appellate court may affirm the decision of the lower court, which means that the decision is upheld, or reverse the decision, which means that the decision is overruled. The appellate court may also modify the decision, which means that the decision is changed but not completely overruled.
It is important to note that the appellate process can be lengthy and expensive, and that not all cases are eligible for appeal. Additionally, there are strict time limits for filing an appeal, which vary by jurisdiction and type of case.
The appellate process plays a crucial role in ensuring that the lower courts are held accountable for their decisions and that justice is served.
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