What legal remedies are available in an appeal?

In Texas, there are several legal remedies available to those appealing a decision in the appellate court system. The most common legal remedy is reversing the lower court’s decision, which means the appellate court will effectively undo the decision and either send the case back to the lower court for further proceedings or issue a new decision itself. A second common legal remedy is affirming without opinion, which is when the appellate court agrees with the lower court’s decision but does not provide an explanation of the reasons why. Another legal remedy is modifying the lower court’s decision, which means the appellate court will change some aspects of the lower court’s decision, but will keep other aspects intact. For example, the appellate court may modify the lower court’s decision by changing the amount of damages awarded. Finally, a fourth legal remedy is remanding, which is when the appellate court sends the case back to the lower court for further proceedings. The lower court will then have to follow the instructions of the appellate court before making a final decision. These are the four most common legal remedies available in an appeal in Texas. Each remedy has its own unique applications and considerations, and it is important to understand the implications of each before deciding to appeal a decision.

Related FAQs

What is the scope of review for an appellate court?
What is the difference between a direct appeal and a writ of habeas corpus?
What is an en banc hearing and how does it differ from a typical appellate hearing?
What legal remedies are available in an appeal?
What are the consequences of an appellate court’s decision?
What issues can be raised on appeal?
How do I protect my rights if I do not have an attorney during an appeal?
What is the process for filing a petition for rehearing?
How can I present my arguments to an appellate court?
How do I cite to appellate court decisions?

What legal remedies are available in an appeal?

Related FAQs

Related Blog Posts