You likely have heard the term, “appeal.” In appellate law “appeal” means that the losing party in a trial has the right to have the trial court’s decision reviewed by a higher court. That higher court is a court of appeals. The appeals system provides a check and balance on the power of judges and juries; higher courts have the authority to overturn decisions made by lower courts which it considers to be erroneous, inappropriate, or unconstitutional.
“Appellate law” consists of the rules and procedures by which courts of appeals review lower court judgments. It may also be called the “appeals process” or “appellate procedure.”
Appellate Law Attorneys Focus Appellate Arguments
Appellate law attorneys focus their practice on appeals. This means that the litigation is focused solely on evidence presented to the trial court. Because no new evidence is presented, the appeal is decided mostly on the written briefs. No new discovery is conducted and no new evidence is provided.
Appellate lawyers handle issues of writs of habeas corpus (Habeas Corpus Act), posting and challenging appellate bonds, writs of restitution, writs of quo warranto, writs of execution, writs of procedendo, writs of prohibition, writs of supersedas, writs of administrative mandamus, writs of mandate, writs of certiorari, and other forms of discretionary relief, post-verdict motions, pursuit of further relief on remand, and other issues.
Appellate Law is Procedure Based
Appellate law is procedure based; it deals mostly with determining which judgments are appealable, the procedure for bringing appeals, and the determination of the standard to reverse the lower court’s ruling.