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

What procedures are available to challenge a conviction on appeal?
What is the appellate court’s scope of review for a jury’s factual findings?
What is the role of an amicus curiae in an appellate court?
How should I prepare for oral argument on an appeal?
What is the process for obtaining a stay of execution pending appeal?
What is an en banc hearing and how does it differ from a typical appellate hearing?
What happens after a decision is rendered by an appellate court?
What is the process for obtaining an order of remand from an appellate court?
How do I cite to appellate court decisions?
How does an appellate court evaluate a trial court’s legal errors?

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