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

The difference between a discretionary and a non-discretionary appeal is the direction in which the appellate court must take when making their decision. A discretionary appeal is when an appellate court has the choice to take either direction when making their ruling. This usually occurs when a court of appeals is revisiting an issue that had been previously ruled on by a lower court. The court of appeals can choose to uphold the ruling of the lower court or reverse it. A non-discretionary appeal is when the appellate court must follow a certain direction when making their ruling. In these cases, the court of appeals must review the facts of a case and then agree or disagree with the ruling of the lower court. The court of appeals is not allowed to make their own decisions or come to their own conclusions. This type of appeal is commonly used when an issue of law is being appealed, as the decision must be based solely on the law, not the facts of the case. In Mississippi, all appellate cases are reviewed using either a discretionary or non-discretionary appeal. Depending on the type of issue, the court of appeals must either make a decision based on their own discretion or one that is determined by the law.

Related FAQs

What is the process for filing an appellate brief?
How are cases selected for review by an appellate court?
What is the scope of review for an appellate court’s decision?
What is the process for filing a petition for writ of habeas corpus?
What is the role of the appellate court in determining the facts of a case?
What evidence is available to support an appeal?
What is the difference between a discretionary and a non-discretionary appeal?
What issues can be raised on appeal?
What is the standard of review for an appeal from a final judgment?
Who determines the merits of an appeal?

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

Related FAQs

Related Blog Posts