What is the difference between an appeal and a writ of certiorari?

An appeal and a writ of certiorari are two different legal remedies that can be used in the state of Nebraska. An appeal is a request to a higher court to review and reverse the decision of a lower court. Typically, an appeal is used when a party believes the lower court made an error of law or fact. In contrast, a writ of certiorari is a decision made by a higher court that orders the lower court to send the records in a court case for review. The higher court can either affirm the lower court’s decision, or reverse the decision. In Nebraska, appeals are typically handled by either the Nebraska Court of Appeals or the Nebraska Supreme Court. Appeals from the Court of Appeals are heard by the Supreme Court. Writs of certiorari, on the other hand, are typically handled directly by the Supreme Court. In summary, appeals and writs of certiorari are two different forms of review that can be used in the state of Nebraska. An appeal is a request to a higher court to review and reverse the decision of a lower court, while a writ of certiorari is a decision made by a higher court that orders the lower court to send the records in a court case for review. The Nebraska Court of Appeals and the Nebraska Supreme Court handle appeals, while the Supreme Court typically handles writs of certiorari.

Related FAQs

Are appellate court decisions binding on lower courts?
How do I appeal a criminal conviction?
How do I access the appellate court records?
What is the process for obtaining a stay of execution pending an appeal?
What are the time limits for filing an appeal?
How does an appellate court evaluate a trial court’s legal errors?
Are parties able to appeal an appellate court’s decision to a higher court?
What is the process for obtaining an appellate court order for a stay of enforcement?
What is the difference between an oral argument and a brief on appeal?
How do I request a change of venue in an appeal?

What is the difference between an appeal and a writ of certiorari?

Related FAQs

Related Blog Posts