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.

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