What legal remedies are available in an appeal?
In an appeal, the party who is appealing (known as the appellant) has the right to challenge the decision of a lower court. The appellate court is responsible for reviewing the lower court’s decision and determining whether it is legally correct. If the appellate court finds that the lower court’s decision was in error, it can grant the appellant legal remedies that can reverse, modify, or affirm the lower court’s decision. The most common legal remedy available to the appellant is the reversal. This remedy reverses the lower court’s decision and remands the case back to the lower court for further proceedings. In this instance, the lower court can either enter a judgment in favor of the appellant or order a new trial. Another legal remedy is the modification. This remedy modifies the lower court’s decision but does not reverse it. The appellate court will usually modify the lower court’s decision by ordering the lower court to enter a judgment in favor of the appellant. The last legal remedy available to the appellant is the affirmance. This remedy affirms the lower court’s decision and the appellate court cannot make any changes to the lower court’s decision. In District of Columbia, if an appellant is not satisfied with the decision of the appellate court, they have the right to file a petition for a writ of certiorari with the U.S. Supreme Court. This petition requests the Supreme Court to review the decision of the lower court and appellate court in order to ensure that the law was correctly applied and interpreted.
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