What is an appeal?
An appeal is a request to a higher court to review a lower court's decision for legal error.
An appeal asks a higher court to review a lower court’s decision.
Where the word "Appeal" comes from
Appeal comes from the Latin appellare, to call upon. It developed to let higher courts correct errors made below, and the process is limited to legal mistakes and the record created in the trial court, not new evidence.
Why Appeal matters
It is the safeguard of the justice system, letting courts of review ensure the law was applied correctly. For the losing party, it is the primary remedy, though it is neither automatic nor unlimited, and most appeals fail.
Common confusion about Appeal
An appeal is not a retrial. The appellate court reviews the written record and the briefs, hears no new witnesses, and generally defers to the trial court's factual findings, so a losing party cannot relitigate the facts on appeal.
A real-world example of Appeal
A defendant loses a negligence trial and appeals, arguing the judge wrongly admitted inadmissible evidence that tainted the verdict. The appellate court reviews the record and either affirms, reverses, or sends the case back.
A worked example of Appeal
A company loses a contract case after the trial judge excluded the company's key document on a technicality. The company appeals, and the appellate court finds the exclusion was legal error that affected the outcome, reverses the judgment, and remands for a new trial. Had the error been harmless, the appeal would have failed, which shows how the court weighs the error's impact on the result.
How Appeal works in practice
File the notice of appeal within the strict deadline, because missing it ends the right to appeal. Preserve objections during trial, because an issue not raised below cannot usually be raised on appeal. Hire an appellate attorney if the stakes justify it, since appeals are won on the record, the briefs, and the legal arguments, not on new facts. Understand the difference between an appeal and a post-trial motion, because a motion for a new trial must be decided first in many states, and the appeal deadline often runs from the denial of that motion, so calendaring every step correctly is essential to protecting the right to review.
Questions about Appeal
Can I appeal any loss?
Only on legal grounds, within strict deadlines.
Do I get a new trial?
Usually no — the record is reviewed, not retried.
What if I lose the appeal?
The decision stands; further review is limited.