The Essence of Appeals Law
The laws of appeals are in place for verdicts in Boston lower courts where there is disagreement. If a losing side of a case feels that there are grounds for an appeal, the case may be offered to a higher court, called an appeals court.
In order to accomplish that, a boston attorney must be hired to review the case, and the attorney will be a lawyer who specializes in the taking of cases to an appeals court.
The lawyer will need to have a copy of the judgment and all trial notes and sequences. If it is felt that the judge made an error, or the proceedings were in error, the appeals attorney will petition the higher court for an appearance.
Whether it was a divorce case, a criminal or civil case, if the appeals attorney, after going over all of the evidence feels that there are grounds for a reversal on the case, he or she will then proceed to write a brief, which is usually anything but brief, as it is more like a book. The brief will be well researched and well documented as to the facts of the case, as no new evidence will be introduced to the appeals court.
The decision of upholding the lower court’s decision, or reversing the decision of the lower court will then be made on the basis of the contents of the brief and arguments were given by the appeals lawyer.
In our system of justice, we have the appeals law so that the law bends over backward to ensure that decisions are fair to an overwhelming degree. If a verdict is given in a lower court, there is the opportunity for a review by a higher court to ensure that all of the proper procedures were followed.
There are instances when judges, who are only human, make a mistake which affects the outcome of a trial. Also, appeals courts will review decisions that are made by juries. Once again if an error is made that contributed to the wrong verdict that is arrived at by a jury, that decision is subject to reversal by the higher court.
Once the appeals court comes to its decision, any further appeals are limited, to the supreme court of the state, or to the United States Supreme Court. However, the courts at that level can be very discretionary in their decision as to whether or not they choose to hear any particular case.
As an example, cases that rise to the level of the United States Supreme Court must have some federal or constitutional issue that is involved in the case, so other minor issues rarely make it to the U.S. Supreme Court.
The concept of the law of appeals goes back thousands of years in many societies including ancient Babylon, ancient Greece, and Rome, and in the English common law to provide all fairness possible in any decision that affected life and liberty. It is a statement that any society makes in its approach to fairness and human dignity.
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