Basics of a Federal Appeals Case

When a decision is taken on a criminal case, the losing party of the decision made in a trial court often has the right to make an appeal in the federal court. In the United States, for example, this appeal will be made in one of the twelve courts of law that deals with the decisions that have been made by the judge of a lesser important court. This process is known as federal appeals and it gives the losing party one last chance to prove their case and get a different ruling. 

What Does the Process Include?

Although there are a few cases for which the decision is taken solely based on written briefs, most cases are presented for an argument in front of a court and. A case appeal is accepted by court if the judges find it has legal points that can be discussed upon. Cases that are accepted for an oral argument by the federal court consist of a well structured discussion between the lawyers and a panel of judges. The main focus of this panel is on the legal principles surrounding this case and each side is given a small amount of time to speak in front of the court and present their argument.

Most of the appeal cases are final and the word and decision of the court of appeals will be the final word and ruling of the case. After the court of appeals has giving its decision, both parties have to accept the decision as it is. There are very few cases where the case goes any further to a supreme court and is then viewed by a large number of judges.

The different types of cases are all handled in a different manner in the court during an appeal.  

A Civil Case:

In a civil case both sides have the right to appeal the decision of the court and take the case to a court of appeals.

A Criminal Case:

When a criminal case is considered, the defendant can appeal a guilty verdict, however, the government cannot appeal the decision if a defendant is found not guilty of the crime in question.

A Bankruptcy Case:

The party that loses in the initial appeal can then make an appeal to the court. However, most court of appeals have developed a bankruptcy panel which usually consists of three bankruptcy judges.

 Above are few of the various kinds of cases that have different rulings depending upon the nature of the case and the decision of the judge. Other than these cases there are many cases that can be appealed to the court of appeals for a varying outcome. However, appealing a case and taking it further to the court of appeals does not guarantee a different decision. It basically implies the party appealing the decision of a judge will have a second chance to present their case in front of a different judge or panel of judges and prove why the ruling should be different.

About RJ Frometa

Head Honcho, Editor in Chief and writer here on VENTS. I don't like walking on the beach, but I love playing the guitar and geeking out about music. I am also a movie maniac and 6 hours sleeper.

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