means that a person can appeal to a higher court if they believe that the judgement
passed by the lower court is not just.
Answers
Answer: please brain list me
Explanation:
In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant has a right to an appeal in most states. (Some states give the prosecution a limited right to appeal to determine certain points of law. These appeals usually occur before the actual trial begins. Appeals by the prosecution after a verdict are not normally allowed because of the prohibition in the U. S. Constitution against double jeopardy, or being tried twice for the same crime.)
Criminal defendants convicted in state courts have a further safeguard. After using all of their rights of appeal on the state level, they may file a writ of habeas corpus in the federal courts in an attempt to show that their federal constitutional rights were violated. The right of a federal review imposes the check of the federal courts on abuses that may occur in the state courts.
An appeal is not a retrial or a new trial of the case. The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial’s procedure or errors in the judge's interpretation of the law.
Appeal Procedure
The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court. The appellee then has a specified time to file an answering brief. The appellant may then file a second brief answering the appellee's brief.
If the judgment is reversed, the appellate court will usually send the case back to a lower court ( remand it) and order the trial court to take further action. It may order that
a new trial be held,
the trial court's judgment be modified or corrected,
the trial court reconsider the facts, take additional evidence, or consider the case in light of a recent decision by the appellate court.
In a civil case, an appeal doesn’t ordinarily prevent the enforcement of the trial court's judgment. The winning party in the trial court may order the judgment executed. However, the appealing party can file an appeal or supersedeas bond. The filing of this bond will prevent, or stay, further action on the judgment until the appeal is over by guaranteeing that the appealing party will pay or perform the judgment if it is not reversed on appeal.
>>Diagram of How a Case Moves Through the Courts
>>Civil and Criminal Cases
>>Settling Cases
>>Pre-trial Procedures in Civil Cases
>>Jurisdiction and Venue
>>Pleadings
>>Motions
>>Discovery
>>Pre-Trial Conferences
>>Pre-trial Procedures in Criminal Cases
>>Bringing the Charge
>>Arrest Procedures
>>Pre-Trial Court Appearances in Criminal Cases
>>Bail
>>Plea Bargaining
>>Civil and Criminal Trials
>>Officers of the Court
>>The Jury Pool
>>Selecting the Jury
>>Opening Statements
>>Evidence
>>Direct Examination
>>Cross-examination
>>Motion for Directed Verdict/Dismissal
>>Presentation of Evidence by the Defense
>>Rebuttal
>>Final Motions
>>Closing Arguments
>>Instructions to the Jury
>>Mistrials
>>Jury Deliberations
>>Verdict
>>Motions after Verdict
>>Judgment
>>Sentencing
>>Appeals
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