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What are the three main types of appellate review?
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In the context of law, appellate courts review the decisions of lower courts to correct potential errors. There are three primary types of appellate review:1
- Trial de novo: The appellate court conducts a retrial of the case, hearing evidence for a second time and making fresh findings of fact. This method is typically used in common-law jurisdictions when the initial trial was held in an inferior court that kept no formal record.1
- Review based on a dossier: The reviewing court relies on a record compiled by the lower court, which includes evidence and findings. While the court has the authority to hear witnesses or take additional evidence, it often relies on the existing record to reach its own conclusions of fact and law. This approach is common in civil-law systems for the first stage of appeal.1
- Review based solely on a written record: The court does not receive new evidence but examines the record to determine if serious legal or procedural errors occurred. This method focuses on questions of law rather than fact and is standard at the highest appellate levels in both civil-law and common-law systems.1