Who determines the merits of an appeal?
In California, the merits of an appeal are determined by a panel of judges in an appellate court. The appellate court reviews the trial court’s decision and determines whether it was correct. An appeal is not a retrial of the case. Instead, the appellate court reviews the court record from the trial court. This includes the evidence presented, the arguments of the attorneys, and the judge’s decisions and rulings. The appellate court considers all of this information to decide whether the trial court reached the correct conclusion. The appellate court judges may also consider legal issues that weren’t considered by the trial court. They may look at the rules and laws that were discussed in the trial court and consider whether they were correctly applied. The judges can reverse the decision of the trial court if they determine that the trial court made a mistake. Ultimately, it is the appellate court that decides whether the appeal has merit and should be granted. They examine the record and the evidence presented to make their ruling. If the appellate court decides that an error was made, the decision of the trial court may be reversed or modified. The ruling by the appellate court is final unless it is appealed to a higher court.
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