People often think of appeals in slightly the wrong way. They imagine that they found themselves in litigation, perhaps in a civil case or a criminal case, and they have lost that case. They expected to win, so they want to appeal and see if they can get a new decision from the court.
But you cannot just automatically appeal simply because you lost the case. There has to be grounds for that appeal, and you have to demonstrate that there is a valid reason to request it. Appeals are not always granted, in part because those asking for them cannot always show a solid basis for why the appeal is necessary. Below are two reasons why an appeal may be used.
Errors in court procedures
First off, perhaps you believe that the court procedures were carried out incorrectly or that significant errors were made. You may feel that this means you did not actually get a fair trial. The court made mistakes, and those influenced the outcome. You want to appeal the decision because you believe, if the trial were carried out again without those procedural errors, your side may prevail.
Errors in interpretation of the law
Another potential reason is if you believe that the court made mistakes in how the judge interpreted the law. Perhaps you believe that the law was applied incorrectly in your case. This does not necessarily mean that you are presenting any new information, as most appeals do not even consider new evidence. You just believe that a different judge may interpret the law much differently –- and more correctly — and that that could lead to a significantly different outcome for you.
Appeals can be very helpful, but it is important to understand when they can be used and how they work. As you go through this process, it can help to work with an experienced law firm.
