What is the role of the appellate court in determining the facts of a case?

In Delaware, an appellate court plays an important role in determining the facts of a case. Appellate courts are the last stop for parties who are unhappy with a lower court decision. When either party appeals the lower court decision, the appellate court reviews the evidence from the trial and listens to arguments from both sides. Appellate courts are not responsible for determining the facts of a case. Instead, they review the trial court’s factual determinations for error. This means they look for errors in the evidence presented, errors in the interpretation of the evidence, errors in the application of the law, and legal arguments that were overlooked. If the appellate court finds an error, it can reverse, modify, or affirm the decision of the lower court. It may also order a new trial if the lower court made a mistake in the application of the law. The appellate court also decides whether to accept arguments from either side that were not addressed in the lower court. The appellate court review of a case is important because it provides an opportunity for the parties to argue why the facts of their case should be different than those determined by the lower court. By reviewing and analyzing the facts and evidence, the appellate court can ensure the decision of the lower court was correct, or that errors were corrected.

Related FAQs

What is the process for seeking review by the U.S. Supreme Court?
What is the standard of review in appellate proceedings?
What is the difference between an appeal and a writ of certiorari?
What is an amicus curiae brief?
What is the process for filing a motion for reconsideration of an appellate court’s decision?
What is the role of an amicus curiae in an appellate court?
How do I obtain an appellate court transcript?
Are parties able to appeal an appellate court’s decision to a higher court?
What is the scope of review for an appellate court?
What is the process for filing an appellate brief?

What is the role of the appellate court in determining the facts of a case?

Related FAQs

Related Blog Posts