What legal remedies are available in an appeal?

When a person loses a court case, they are able to appeal their case to a higher court in an effort to overturn or modify the original decision. This is known as an appeal. Appellate law in Mississippi outlines the legal remedies available in an appeal. First, the court may reverse the lower court’s judgment entirely if the appellants (those appealing the decision) are successful in showing that the original decision was clearly wrong. The court may also order a “remand” or “remand and remit.” In this scenario, the higher court will send the case back to the lower court with instructions to modify or change the decision, or if the higher court believes that the lower court misapplied the law, to correct the error. Additionally, the court may modify the lower court’s decision by ordering a “partial reversal”. In this scenario, the court will affirm the lower court’s decision in part, but will order the lower court to change its ruling in some way. Finally, the court may “affirm” the lower court’s decision, leaving the decision in place without making any changes. This is the most common outcome in an appeal, as the higher court must find a legal or procedural error in the lower court’s decision in order to overturn it. These are the primary legal remedies available in an appeal in Mississippi. Appellate law also sets out other legal remedies and procedures that may be applied in an appeal, but these are the most common.

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