What is the difference between a discretionary and a non-discretionary appeal?
In Nebraska, appellate law is a branch of law dealing with the review of decisions made by trial courts. One key distinction between discretionary and non-discretionary appeals is how much authority the appellate court has to review a case. Non-discretionary appeals are appeals where the appellate court must review the full decision of the trial court. This means that the appeals court must consider all the evidence and arguments presented in the trial court, and must make a decision based on the law. The court does not have the authority to change the outcome of the case, but simply to determine whether the trial court made an error in its ruling. Discretionary appeals, on the other hand, are appeals where the appellate court has the authority to review the decision of the trial court. The appealing party can argue that the trial court made an error, but the appellate court is not required to review the entire case and can make its own decision. The court does have the power to change the outcome of the case, and its decisions are binding. In summary, the main difference between discretionary and non-discretionary appeals in Nebraska is the amount of authority the appellate court has. With non-discretionary appeals, the appellate court must review the entire decision and cannot change the result; with discretionary appeals, the appellate court has the power to make its own decision about the case.
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