An appeal reviews the proceedings below for error. The appellate court examines the record, briefs, and sometimes oral argument, and does not receive new evidence or reweigh credibility findings.
Review generally requires a final judgment and issues preserved in the trial court.
Alternative Names:
Appellate Review, Taking an Appeal
Why it Matters?
Appeals succeed on preserved legal error rather than on disagreement with the outcome, and the standard of review applied to each issue frequently determines the result before the merits are reached. That is why appellate strategy begins during trial: objections, offers of proof, and post-trial motions build the record that makes review available. Deciding what to appeal is largely a question of which issues carry de novo review.
Frequently Confused with
Related terms
Frequently asked questions
Can new evidence be presented on appeal?
What determines whether an appeal is likely to succeed?
