Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority. Parties request a formal change to an official decision through this mechanism. Appeals function as both error correction and a method for clarifying law. The term appellate review describes how courts with appellate jurisdiction exercise power over lower court matters. This concept differs sharply from judicial review. Judicial review refers to a court's right to determine if legislative acts or administrative decisions are defective. Such reviews may vary by jurisdiction but focus on constitutional or statutory validity rather than case errors.
Appellate courts have existed for many millennia across diverse civilizations. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later Rome employed a complex hierarchy where some appeals reached the emperor directly. Japan maintained appellate systems at least during the Kamakura shogunate between 1185 and 1333. That era established high appellate courts to aid state adjudication of lawsuits. These ancient structures laid groundwork for modern legal frameworks yet remained distinct from contemporary rights-based approaches.
The notion of a right to appeal is a relatively recent advent in common law jurisdictions. Common law countries did not incorporate an affirmative right to appeal until the 19th century. Early English courts found the idea of appealing from one court to another completely unheard of. Courts developed writs of error and certiorari as routes to relief instead. Writs of error were originally unavailable as a matter of right. They issued only upon attorney general recommendation which was initially discretionary. England switched over to civil case appeals in 1873 after widespread dissatisfaction with existing writs. Criminal case appeals followed much later when the system changed in 1907.
Most litigants appeal final orders and judgments from lower courts rather than preliminary stages. Appellate courts generally review questions of law de novo without conducting independent fact-finding. Courts defer to the record established by trial courts unless errors occurred during fact-finding. The Netherlands stands out as some jurisdictions where appellate courts review cases entirely including facts. Appeals begin when a court grants a party's petition for review or certiorari. Unlike trials featuring juries, appeals present arguments to judges or panels of judges. Parties submit legal briefs presenting arguments at length before oral arguments occur. Judges often ask questions during oral arguments to challenge attorneys or advance their own theories.
The appeal may end with a reversal finding the lower court decision incorrect. Reversal results in the original judgment being vacated and instructions to retry the case. Alternatively an affirmation finds the lower court decision correct without changes. British courts dispose of appeals using phrases like appeal dismissed or appeal allowed. American courts use terms such as judgment affirmed or judgment reversed instead. Most jurisdictions recognize that litigants may waive the right to appeal if done intelligently. These outcomes determine whether justice prevails or requires further judicial intervention at lower levels.
Common questions
What is an appeal in law?
In law, an appeal is the process in which cases are reviewed by a higher authority. Parties request a formal change to an official decision through this mechanism.
When did common law countries incorporate an affirmative right to appeal?
Common law countries did not incorporate an affirmative right to appeal until the 19th century. Early English courts found the idea of appealing from one court to another completely unheard of.
Where do appellate courts review cases entirely including facts?
The Netherlands stands out as some jurisdictions where appellate courts review cases entirely including facts. Most other jurisdictions defer to the record established by trial courts unless errors occurred during fact-finding.
Who served as the highest appellate courts of the land during the first dynasty of Babylon?
During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC.
Why do appeals differ from judicial review?
Judicial review refers to a court's right to determine if legislative acts or administrative decisions are defective. Such reviews may vary by jurisdiction but focus on constitutional or statutory validity rather than case errors.