Apellatsiooni

Apellatsiooni is a legal term used to describe the process by which a party seeks review of a court decision by a higher court. The word is used in several languages, including Estonian, where it relates to appellate procedures. An appeal does not re-try the case from scratch in most systems; instead, it focuses on correcting legal errors, misapplications of the law, or procedural defects that occurred during the original proceedings. In some jurisdictions, limited review of factual findings may occur if there was a clear error or abuse of discretion.

Typical grounds for an appeal include incorrect application or interpretation of the law, mischaracterization or weighing of evidence, procedural mistakes that affected the outcome, or questions about jurisdiction. Appeals are generally conditional on timely filing and meeting specific formal requirements, such as submitting a notice of appeal and a written brief outlining the issues on appeal. The appellate court reviews the trial record, and in some systems may hear oral arguments, but it usually does not consider new evidence unless permitted by rule or exceptional circumstances.

Standards of review vary by issue: legal questions are often reviewed de novo (afresh), while factual determinations are reviewed for clear error or substantial support in the record. Outcomes of an appeal can include upholding the original decision, reversing or altering it, or remanding the case to the lower court for further proceedings consistent with the appellate ruling. Some jurisdictions distinguish appeals from other post-trial remedies such as cassation or revision.