Author Question: Explain why appellate courts defer to the trial court's finding of fact. What are an appellate ... (Read 166 times)

fox · **on:** Aug 3, 2018

Explain why appellate courts defer to the trial court's finding of fact.

What are an
appellate court's options once it has reviewed a trial court's decision?

Question 2

Explain the procedure for filing an appeal.

Any info on appeals please? Thank you.

pami445 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

An appellate court defers to the trial court's finding of fact because the judge and jury are in a better position than the appellate court to evaluate the credibility of witnesses and the nature of the evidence. The options that an appellate court might pursue after it has reviewed a case are to:

AffirmTo uphold the trial court's decision in a case.
ReverseTo overturn the trial court's judgment.
RemandTo send a case back to the trial court for further proceedings.

Answer to Question 2

The procedure for filing an appeal in the federal courts requires the following:

The filing of a notice of appeal by the appellant with the district court that rendered the judgment.
On receipt of the notice of appeal by the clerk of the district court, the trial transcript, pleadings, and exhibits (called the record on appeal) are forwarded to the court of appeals.
The attorneys for both parties submit written appellate briefs.
The attorneys for both sides appear before the court of appeals to make an oral argument before the judges.
The judges issue a formal written opinion that will be published in a court reporter.