How does an appellate court decide a case?
When an appellate court decides a case, it reviews the legal issues decided by a lower court. This process is known as appellate review. Appellate courts in Illinois are the Illinois Appellate Court and the Illinois Supreme Court. The appellate court reviews the decision of a lower court—like the circuit court—to determine if the law was accurately applied in the case. The court reviews the record of the lower court and all the evidence presented at trial. The court considers written briefs from both the defense and prosecution that explain the law that should be applied. It also allows oral arguments from the defense and the prosecution. The appellate court issues a written opinion that explains why the court made its decision. The opinion also states the legal basis for the court’s decision. For example, if the appellate court upholds the decision of the lower court, it explains why it agreed with the lower court’s decision. The appellate court may also overturn the lower court’s decision if it finds a mistake in the law or if the court believes the lower court’s decision was based on a misunderstanding. Appellate court decisions are made by judges with years of experience and study in the field of law. The decisions of the appellate court are binding and set a precedent for future cases to follow.
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