appellate

Appellate refers to a stage of the judicial system that reviews the decisions of trial courts and certain administrative agencies. Appellate courts do not conduct new trials; instead, they examine the record of the lower court, assess whether legal errors occurred, and determine if the proceedings were fair and properly conducted. The goal is to determine if the law was applied correctly and to correct errors that could have affected the outcome.

Most jurisdictions organize appellate courts into two main levels: intermediate appellate courts and a court of final appeal or supreme court. Decisions are typically issued by a panel of judges, commonly three, though larger panels or en banc sessions may be used for significant or precedential cases. The appellate process is usually initiated by a notice of appeal, followed by the preparation of the record, and the filing of appellate briefs. Oral argument may be scheduled in some cases.

Standards of review are central to appellate decision making. Questions of law are generally reviewed de novo, meaning the appellate court evaluates the issue anew. Factual findings from the trial court are often reviewed for clear error or for substantial evidence, depending on the jurisdiction and the type of case. Additionally, appellate courts review certain discretionary rulings for abuse of discretion.

Outcomes include affirming, reversing, remanding for a new trial or for remedy, or modifying the judgment. Appellate courts may also issue writs and supervise the proper administration of justice, and their interpretations often set binding precedents for future cases.