1.12 The Appeal

Most states have a statutory scheme that allows for a party who believes a mistake of law occurred at trial to seek review of the case by a higher court. This is known as an appealA request for a high court to review a case for errors of law.. Examples of errors of law incluce prejudicial evidence being presented at a trial when it should have been excluded, evidence being submitted at a trial that was obtained through an illegal search and seizure, or a judge not properly instructing a jury. An appeal is not a chance for the parties to re-try the case before a higher court. Indeed, the appellate court will not generally take any new evidence during the appeal, will not question the findings of fact made by a judge or jury, and will confine its analysis to whether or not a legal error occurred. If the court finds no legal error, it will affirmTo ratify a trial court’s judgment after finding no legal error. the trial court judgment. If it does find legal error, it may reverseA decision by a court of appeals to change a trial court’s decision after finding legal errors. the ruling. The appellate court may also order the case returned to the trial court to be fixed. This is known as a remandA decision by a court of appeals to return a case to a trial court to be fixed after finding legal errors., and can include an order for a new trial. The appellate courts have broad discretion in making these decisions.