How does an appellate court decide a case?

An appellate court is a court that hears appeals from cases previously decided in a lower court. In Delaware, appellate courts are part of the Delaware Superior Court. When a party is not satisfied with the decision made in a lower court, they can appeal the decision to an appellate court. The appellate court then reviews the case and listens to both sides and their arguments. The appellate court will then make a decision based on the facts of the case and the applicable law. The appellate court will not consider new facts that were not included in the initial proceedings, but will review the original record to determine if an error was made. The appellate court may affirm the decision of the lower court, reverse the decision, or modify the lower court’s decision. The appellate court’s decision will be based on facts, as well as the legal arguments presented by each side. The appellate court does not engage in new fact-finding, but rather must decide the case based on the existing record and the evidentiary standards applied by the lower court.

Related FAQs

What is a writ of certiorari and how is it used in appellate practice?
What legal remedies are available in an appeal?
What is an amicus curiae brief?
Can a party appeal a judge’s decision directly to the state's Supreme Court?
How do I protect my rights if I do not have an attorney during an appeal?
What is an appellate court’s ruling on a motion to dismiss?
What is the standard of review for an appellate court’s interpretation of a statute?
What is the standard of review for a motion for a new trial?
What issues can be raised on appeal?
How do I request a change of venue in an appeal?

How does an appellate court decide a case?

Related FAQs

Related Blog Posts