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An appeal is an application to a higher court for the review of the decision of a lower court. Depending upon the jurisdiction, courts have different names, but the "bottom" level is the trial court. It is there that a judge hears the facts (testimony, documents, expert witnesses, etc.), considers arguments of counsel as to how to interpret the facts and what law to apply.

One would file an appeal to the next higher level of court if he/she believed that either the wrong law was applied to the facts that were elicited at trial, or that the law was applied improperly. An appellate court does not re-hear the facts or substitute its view of the facts for that of the trial court. It may, however, "remand" the case to the trial court to reconsider the evidence in light of the appellate court's determination of the issues of law.

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15y ago

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