appellate court

law

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Last updated

June 18, 2026

Quick Summary

An appellate court is a higher court that reviews decisions made by lower courts, such as trial courts. These courts are typically composed of multiple judges, unlike trial courts which usually have a single judge. The primary function of an appellate court is to correct errors made by lower courts and ensure that justice is administered fairly according to the law.12

Appellate review can take different forms:
* Trial de novo: A complete retrial of the case, including hearing evidence again.2
* Dossier review: The court reviews a compiled record from the lower court, potentially hearing some new evidence.2
* Review of the record: The court examines the written record from lower proceedings to identify legal errors, focusing on questions of law rather than fact.12

Appeals are usually initiated by a party who is dissatisfied with the lower court's decision. The highest appellate courts, like the U.S. Supreme Court, often have discretion over which cases they hear.12

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court
Appellate courts
The tribunals described thus far are trial courts or “courts of first instance.” They see the parties to the dispute, hear the witnesses, receive the evidence, find the facts, apply the law, and determine the outcome.
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The tribunals described thus far are trial courts or “courts of first instance.” They see the parties to the dispute, hear the witnesses, receive the evidence, find the facts, apply the law, and determine the outcome.
Read More

certiorari
…also is issued by an appellate court to obtain information on a case pending before it. The writ of certiorari was at first an original writ from England’s Court of Queen’s Bench to the judges of inferior courts ordering them to present certain records. Certiorari was later expanded to include…
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…also is issued by an appellate court to obtain information on a case pending before it. The writ of certiorari was at first an original writ from England’s Court of Queen’s Bench to the judges of inferior courts ordering them to present certain records. Certiorari was later expanded to include…
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military law
Appeal through the courts
In general, appeal courts are concerned only with the legality of conviction, not with matters of sentence, and the supreme courts only with points of law. Normally, only the defense can appeal, but sometimes the prosecution too can appeal either against the original finding and sentence of…
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In general, appeal courts are concerned only with the legality of conviction, not with matters of sentence, and the supreme courts only with points of law. Normally, only the defense can appeal, but sometimes the prosecution too can appeal either against the original finding and sentence of…
Read More