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What is Appeal Law?
What Is Appeal Law?
The losing party in a case brought to a trial court often has three options. To begin with, she can accept the judgment and pay damages or fines or serve jail time. She can also file motions asking the judge to vacate the judgment, and in some cases the circumstances are such that the judge may agree to do so. That scenario gives the winning party a third option that is also available to the losing party, and that is to appeal the case. Appellant lawyers or pro se litigants will file the briefs according the appeal law in effect in that jurisdiction and present oral arguments if requested by the court of appeals or the highest court reviewing the case. When it comes to appeal law, the appellant is often required to file a notice of appeal with the trial court. It’s one way to alert the court of a need to collect transcripts and other material from the trial court. Appellate courts examine the materials from the trail court, along with appellate briefs submitted by both parties. New evidence or facts are not often allowed in a case that’s up for appellate review. If the court deems that necessary, the court will remand the case back to the trial courts. |
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shahzad but (Wednesday, May 25, 2011) |
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