Stages of Appeal in a Lawsuit
There are three types of the lawsuit that are discussed as below:
The Trial Court Stage
The trial court is also known as the Court of First Instance. It is the first stage of any trial where evidence, witnesses, and testimony are first introduced. Next, statements of witnesses, accused, and evidence of a particular case are introduced in the Trial Court under the Laws of Evidence. These testimonies and evidence are taken into analysis, and the court arrives at the Findings of Fact. For example, in a murder trial, the trial court looks into the following before arriving at the findings of fact:
Facts of the case as presented by the attorneys.
Statements were given by witnesses who were present at the time of the murder or anyone who has seen the murderer.
Evidence obtained from the scene of the crime.
Time and place of murder and circumstances that led to the murder etc.
Trial Courts are presided by judges (one or more) who will apply the appropriate law and arrive at the Findings of Law. In some cases, a trial court comprises a judge and jury. These are referred to as Jury Trials. On the contrary, when a trial court comprises only judges, it is referred to as a Bench Trial. In Bench Trials, judges allow every party to present and establish their case to ensure no errors in procedure, testimony, evidence, etc. The judge will finally decide, taking into consideration all of that which is presented.
The Appellate Court Stage:
Appellate Court is also known as Appeals Court. This is the court that looks into whether the trial court has made the right observations. For example, after the Trial Court decision, if the losing party feels that the trial was not conducted properly or that the laws were not applied appropriately, it may approach the Appellate Court. The decision of the trial court is then reviewed by the Appellate Court, which might result in one of the following outcomes:
Supreme Court Stage:
Supreme Court is known as the Court of Last Resort. The next option is available for a losing party unhappy with the Trial Court and Appellate Court Judgment and feels an error has taken place. However, the Supreme Court does not decide each case that comes before it. Instead, it chooses from a pool of appeals.
Reversal of the Trial Court Decision
As the name suggests, Reversal implies that the Appellate Court is reversing what was decided by the Trial Court Judge. However, what is to be noted at this stage is that
The Appellate Court will not enforce or attempt to replace the trial court’s verdict.
The Appellate Court merely assesses if the trial court made a mistake; it does not attempt to fix the mistake.
Appellate Court will mention how the Trial Court Judgment has gone wrong, why they were wrong, and how it can be made correct by applying the relevant laws.
They do not state what should have been done by the Trial Court and try to fix it themselves.
In this scenario, the Appellate Court will “remand or send back” the matter to the trial court to be repaired, retried, or reheard. Appellate Court’s remand or reverse decisions of trials courts in divorce cases, cases involving capital punishment, and so on.
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