What is the difference between a discretionary and a non-discretionary appeal?

The difference between a discretionary and a non-discretionary appeal is largely based on which court has the authority to review the case. Non-discretionary appeals are appeals that are allowed by law and must be heard by the appropriate court. For example, appeals from the Family Court of the State of Delaware must be heard by the Delaware Supreme Court. This type of appeal is referred to as a mandatory or non-discretionary appeal. By contrast, discretionary appeals are appeals that are given to the court’s discretion. This means that the court may choose to review the case or not. For example, appeals from a Delaware Circuit Court may be heard by the Delaware Supreme Court, but the court has the discretion to decide whether or not to hear the appeal. This type of appeal is referred to as a discretionary appeal. In Delaware, the Delaware Supreme Court has discretion to decide which appeals it will hear and which it will not. The court will usually only hear appeals that involve important issues of law or that could set a legal precedent. In addition, the court may also decide to hear appeals if the lower court has made a mistake in interpreting or applying the law. Ultimately, the decision to grant a discretionary appeal lies with the court.

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What is the difference between a discretionary and a non-discretionary appeal?

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