Who determines the merits of an appeal?
In Indiana, the determination of the merits of an appeal is made by the court system. Appeals are heard by one or more judges, depending on the type of court and the nature of the appeal. Generally, a higher court is the one that determines the merits of an appeal. For example, if a person is appealing a decision made by a trial court, their appeal will be heard by an appellate court. The appellate court will review the record of the trial and determine whether the decision made by the trial court was proper or should be overturned. The appellate court reviews all of the evidence that was presented in the trial court. They will consider arguments from both sides and determine if the decision made by the trial court was correct. If the appellate court decides that the decision was incorrect or that the trial court made an error, they may overturn the decision and remand the case back to the trial court. At the end of the appellate process, the court will issue an opinion that explains the court’s decision. This opinion will be based on the facts presented in the case, the arguments made by each side, and the applicable law. The opinion will also contain the final decision of the court, which will inform the parties of whether their appeal was successful or not.
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