How does an appellate court decide a case?

An appellate court decides a case by reviewing the record of the lower court’s decision. In New Hampshire, appellate courts are generally limited to reviewing the materials created in the lower court. They will not consider new evidence or testimony. They are looking for legal errors, such as misinterpretation of the law or misapplication of the law. The appellate court can affirm the decisions made in the lower court. This means that they agree with the decision and it stands. They can also reverse the decision which means they have decided the lower court made an error in their decision. If the appellate court reverses the decision, they may send the case back to the lower court for a new trial or they can decide the case outright. The appellate court may also remand a case back to the lower court. This means they are sending the case back to the lower court but they do not overturn the decision or rule yet. The lower court may then be asked to reconsider their decision and make any necessary changes. When making their decision, appellate courts use a written opinion to explain their reasoning. This written opinion is available to the public and is used as a reference in future cases. Once the court issues their opinion, their decision is final and binding.

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How does an appellate court decide a case?

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