Businesses and individuals navigating litigation expect justice after their day in court. Judges review evidence provided by both sides and then interpret both statutes and case law before entering their ruling. Typically, everyone involved in the lawsuit must abide by the ruling entered by a judge. However, when there are questions about the fairness of the legal process or the interpretation of the law that occurred, an appeal might be necessary.
Appellate law is complex, and even successful business professionals often do not know what to expect. Does an appeal after an unfavorable civil ruling typically result in a new trial?
Appeals are not the same as trials
An appeal is a judicial review by a higher court. The party appealing a lower court ruling generally needs to provide a basis for the appeal, such as a mistake in the interpretation of the law or deviations from best practices during court proceedings.
The appellate courts consider whether a lower court may have made mistakes when interpreting the law. They can also rule on violations of court standards, such as claims that jurors or a judge came into the trial with a pre-existing bias or conflict of interest that they failed to disclose.
The appeals process may result in a judge reversing the decision of a lower court or returning the matter to the lower court to reconsider after providing context and legal guidance for that new determination. Occasionally, appeals may lead to the courts determining that a new trial is appropriate, but there is no guarantee of a new trial even if an appeal is successful.
Understanding the appellate process can be beneficial for those frustrated by the outcome of civil litigation. Working with an attorney familiar with appellate law can help business leaders, professionals and others understand their rights when they believe that the outcome of a civil case was inappropriate.
