What does it mean when the other side appeals a case?
At any time a court case gets appealed, it indicates that one of the parties involved is asking for a final decision to be investigated again by a higher court. In essence, they are disagreeing due to the fact they feel something didn’t go right with the first decision made and feel it needs to be changed. In many cases, the appeals process is to some degree restricted. You most likely will not need to head to court again, and the appellate court will most likely give some deference to the current standing decision.
Ordinarily, when a court case is appealed, there need to be a legal or procedural error in order for the court to alter their decision. Basically, the appellate court typically will not likely disrupt any decisions that have taken place based on just the facts. Instead, they will look to see whether or not the law was used properly and whether everything was done suitably. If a jury was given bad instructions, if the judge permitted evidence in that most likely shouldn’t have, or if something else of that matter went entirely wrong, then the case may perhaps be “overturned.” This implies, the initial decision will be revised or it could be remanded, and it will be sent to the lower court to look over it again with more explanation.
This is just not to say that an appeals court never assess a case with completely new eyes. Anytime they do, it is known as “de novo” review, which usually means that they went over everything without any eyes and will not take notice to what the court below them did. Ordinarily, only judgments made by judges in specified courts will go through a “de novo” appeal, just as judgments taking place in small claims court.
No matter what, generally the appeals process is made up of lawyers writing briefs or “arguments” regarding why the higher court should or shouldn’t change what was previously decided. It is also considerable to notice that either party is capable of appealing a case. If the winning party is not satisfied with the level of damages for example, he or she may possibly appeal it. The only exemption is a prosecutor in a criminal case, who is not allowed to appeal a verdict of not guilty.
The appeals process is usually legally rather complicated. If you are included in a case and the opposite side is appealing it, you need to have Sacramento legal assistance from a skilled Sacramento attorney.
The certified Sacramento Appellate Law Specialists at the Law Offices of Jay-Allen Eisen are a part of the only appellate firm that is specified “Tier 1″ by U.S. News/Best Lawyers and will be your very best choice for proper representation. For more information, contact the Jay-Allen Eisen Law Corp. by going to: www.eisenlegal.com