Question

In deciding a case or appeal, identify and explain the actions which the court may take.

Answer 1

When an appeal is filed, the trial court sends the official case record to the court of appeals. When records and written briefs of lawyers have been received by the court, the case is issued and is referred to as a three-judge panel for consideration. All cases filed in the Court of Appeal must be accepted for review and decision by the court.

The brief of the person filing the appeal (the appellant) contains legal and factual arguments as to why the trial court's decision should be overturned. The person against whom the appeal is made (the appellant) has the right to respond to these arguments.

An appellate court does not conduct a trial. It reviews papers, exhibits, and tapes from the trial court. These items are records on appeal and are used to determine whether the trial court properly followed the law in making its decision.

After reviewing the record, judges of the Court of Appeal can hear oral arguments from lawyers before deciding the case and issuing an opinion. A majority vote (at least two of the three judges in the agreement) decides the case.
The appellants' court has three options when awarding judgment:
• Confirming (agreed with) the trial court's decision;
• Reverse the verdict (disagree), or
• Remand the case (send the case back to the trial court for further action or a new trial).