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If you are not satisfied with the decision made by the jury, you can appeal your case to a higher court to render a decision based on facts presented in that specific case. Cases are not retried in appellate courts; however, an appellate court may reverse the trial court decision and remand the case for retrial under certain circumstances.

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13y ago
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9y ago

An appeal is the formal process of retrying a case in a higher court in order to overturn a decision of a lower court. This is typically done when a legal party feels the previous decision-maker misapplied the law, acted outside of his or her jurisdiction, abused his or her powers, or if he or she considered evidence that should not have been considered.

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Q: To retry a case in a higher court?
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Taking a particular case to a higher court is known as an?

Taking a particular case to a higher court is known as an appeal.


If you appeal a misdemeanor battery conviction from a county district court to a state circuit court will the circuit court retry the facts about the case or just review the original ruling for error?

Higher courts will only review the case for "Points of error" no new evidence or merits of the case will be considered. In order for a re trial of the facts to be made, a new trial has to be granted by the original court. Whereas if new evidence is made, such as a DNA test that proves innocence, a request for as new trial would be made in the first court of conviction. Higher courts only examine the procedure of the lower court.


When an appeal is filed in a case which court has jurisdiction the lower court or higher court?

A 'higher' court will hear an appeal from a 'lower' court


What is a court case brought from a lower court to a higher court called?

A court case brought from a lower court to a higher court is called an appeal. In an appeal, the higher court reviews the decision made by the lower court to determine if any errors were made in applying the law.


Do appeals courts retry cases or review the facts about a case... They are not for determining new facts or correcting errors correct?

Correct. The appellate court will only consider whether the law was correctly applied in the case.


What is the ability of one court to be the only court to hear the case?

a case comes to a court if they have a final ruling then they can. If the person in the case is not happy with the results they can get an appeal and go to a higher case but its rare that people get an appeal.


To apply a higher court for reconsideration of the decision of a lower court is to?

Appeal the decision of the court.


What court in New Zealand is higher than the Supreme Court?

No Court is higher than the current Supreme Court.However, in older cases, the "Supreme Court" it refers to may be the equivalent of the current "High Court", as it was called then. In that case the Court of Appeal and Privy Council were higher authority.


Is taking a particular case to a higher court known as an appeal?

yes!


To refuse to accept the decision of a court and then apply to have the case heard again in a higher court?

appeal (novanet)


What does it mean for a higher court to uphold a lower courts decision?

That means a case heard in a trial court was appealed to an appellate court; the appellate court agreed with the lower court's decision, and determined the case was conducted properly. When this happens, the appellate court "affirms" the trial court decision, and that decision becomes final unless the case is carried to a higher appellate court that reverses the trial court's decision.


Which court would handle the first appeal of a case tried in a higher level state trial court?

The State Supreme Court