An Appeal
You are asking a higher court to review and overrule the finding of a lower court.
For the mistakes made in the last jurisdiction.
When you ask an appellate court to review a case, it means that you are requesting a higher court to examine the decision made by a lower court. The purpose of appellate review is to determine if any legal errors were made during the original trial, such as misinterpretation of the law or procedural mistakes. The appellate court will review the record of the lower court proceedings and arguments presented by both parties before making a decision.
To request an appellate court to review a case, a party must file a notice of appeal within a specified time frame after the trial court's decision. The party then submits a written brief outlining the legal arguments and issues for the appellate court to consider. The appellate court will review the trial court record, listen to oral arguments, and ultimately make a decision on whether to uphold, reverse, or modify the lower court's decision.
De novo review usually refers to the consideration of a question of law by an appellate court. In this type of review, the appellate court examines whether the decision made by a trial court applied the law correctly to the facts of the case. De novo review is distinct in that it looks into how law is applied rather than the factual basis for the trial court's decision. In either case, the appellate review will not hear new testimony or consider new evidence.
Appellate courts in the Judicial Branch have jurisdiction (power, authority) to review lower court decisions if the appellate court receives the case on appeal. The courts do not routinely review lower court decisions, otherwise.
An appellate court reverses the decision
An appellate court reverses the decision
An appellate court reverses the decision
Here is one example to answer this question. A New York State appellate court can chose to review a case from a lower court or it let the verdict of the lower court stand. If it does agree to review a case where the defendant was found guilty in a lower court, then the case is returned to the lower court. The prosecutor can chose to re-try the case or decide not to. Allot of that decision depends on the reason the appellate has sent the case back to the lower court. If as example, the appellate has ruled that the defendent was not properly read his/her Miranda rights upon arrest, this cannot be corrected so the case most likely will be dropped.
Here is one example to answer this question. A New York State appellate court can chose to review a case from a lower court or it let the verdict of the lower court stand. If it does agree to review a case where the defendant was found guilty in a lower court, then the case is returned to the lower court. The prosecutor can chose to re-try the case or decide not to. Allot of that decision depends on the reason the appellate has sent the case back to the lower court. If as example, the appellate has ruled that the defendent was not properly read his/her Miranda rights upon arrest, this cannot be corrected so the case most likely will be dropped.
Review from a court above another is typically appellate jurisdiction. The court where the action is brought will have original jurisdiction. of course, many considerations: state, federal, administrative court, etc.