appelinstans

An appelinstans, or appellate court, is a court that hears appeals from a lower court. The primary function of an appelinstans is to review the decisions of a trial court to determine if any errors of law were made during the proceedings. These errors could include incorrect rulings on evidence, improper jury instructions, or misapplication of legal statutes.

When a case is appealed, the appelinstans does not typically retry the case or hear new evidence. Instead, the court reviews the record of the trial court, which includes transcripts of testimony, evidence presented, and the judge's rulings. Lawyers for both sides submit written briefs arguing their positions, and sometimes oral arguments are presented to the appelinstans.

The appelinstans can uphold the lower court's decision, overturn it, or remand the case back to the lower court for further proceedings. If a decision is overturned, it often means the original judgment is nullified, and a new trial or specific actions may be ordered. The decision of an appelinstans can establish legal precedent that influences future cases. This hierarchical structure of courts ensures a system of review and correction within the legal system.