Oregon residents might be interested to learn about the process of appealing a federal court’s decision. If a party believes a federal court ruled in error, the case is almost always eligible to receive a second look during an appeal. Although an appeal and a trial are similar in some ways, there are key differences that are important to understand.
Unlike trials that are heard by only one judge, appeals are heard by a panel of judges. These judges will each consider the appellate briefs that are submitted by each party’s attorney during the appeal. The written briefs will contain the arguments for each party’s belief that the trial court’s decision was either correct or incorrect. Attorneys may also be given time to present an oral argument, and the judges will question the attorneys about information contained in each brief.
An appeal will generally not contain the presentation of witnesses or evidence. Rather than a review of the facts of a case, an appeal is a review of the application of the law during the trial. If an appeals court finds that the trial court’s decision was influenced by legal error, it might reverse the trial court’s decision.
A person who would like to appeal a federal court’s decision about their case may have a better chance of achieving their desired outcome with the help of an attorney. Before going to an appeals court, an attorney may help the appellant to prepare a detailed briefing on why the trial court ruling was erroneous. To do this, a lawyer may thoroughly review the trial court’s decision to determine if any legal errors occurred.
Source: Findlaw, “Appealing a Court Decision or Judgment“, September 11, 2014
