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 appeal. 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 affirm the trial court judgment. If it does find legal error, it may reverse the ruling. The appellate court may also order the case returned to the trial court to be fixed. This is known as a remand, and can include an order for a new trial. The appellate courts have broad discretion in making these decisions.