What is the difference between a civil and criminal appeal?

The distinction between civil and criminal appeals in Delaware is important. Civil appeals arise from a disagreement between private parties. This usually involves disputes over money or property. On the other hand, criminal appeals arise from a dispute between the State of Delaware and an individual accused of violating a criminal law. In a civil appeal, the appellant (the party appealing the decision) argues that the decision of the lower court was incorrect. The respondent (the party responding to the appeal) then responds by defending the decision of the court. The judges of the appellate court review the arguments of both sides and decide whether the decision of the lower court should be upheld or overturned. In a criminal appeal, the appellant is arguing that the lower court made a mistake in the interpretation of the law or the findings of the facts. The appellate court then reviews the evidence presented in the lower court, as well as any new evidence presented by the appellant, and either upholds or reverses the lower court’s decision. In both civil and criminal appeals, the process of filing and submitting briefs, called briefing, is an important part of the appellate process in Delaware. As a general rule, the party appealing is responsible for submitting a brief in support of their position. The responding party also has the chance to respond by filing a brief. After reviewing the briefs, the appellate court will issue their decision.

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What is the difference between a civil and criminal appeal?

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