What is the difference between a civil and criminal appeal?

The main difference between a civil and criminal appeal is the burden of proof the parties must meet. In a criminal appeal, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This is the highest burden of proof and is meant to protect defendants’ rights. In a civil appeal, the parties must prove their case “by preponderance of the evidence.” This means the party that has the stronger argument is the one who wins the case. In a criminal appeal, the defendant is appealing against the conviction imposed by a judge or jury and is looking for a complete reversal. The appellate court must prove that the lower court’s decision was wrong and the original trial was unfair. The defendant is arguing innocence and must prove that an error was made by the lower court to win the appeal. In a civil appeal, the parties are arguing about whether the lower court was wrong in its decision on a matter of dispute between them. This could be a contract dispute, a dispute about damages, or a dispute about the interpretation of a law. The court must review the lower court’s decision to determine if it was correct. The parties must provide evidence and arguments in support of their respective sides, and the court must decide which argument is more convincing.

Related FAQs

What is the process for obtaining an appellate court’s review of a case?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?
What is the cost of filing an appeal?
What is the standard of review on a motion for summary judgment?
What is the appellate court’s scope of review for a jury’s factual findings?
What legal remedies are available in an appeal?
How do I request a change of venue in an appeal?
What is the process for filing a motion for reconsideration of an appellate court’s decision?
How do I cite to appellate court decisions?
What is the time period for filing an appeal?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023