Appeal

An appeal is a request for a higher court to review a lower court’s decision for legal error. It usually relies on the existing record rather than a new trial.

Notice of appeal: A formal filing that informs a court and opposing parties that a party seeks appellate review. It commonly starts the appeal and must usually be filed by a deadline.
Final judgment: A court decision that resolves the claims and parties in a case, subject to recognized exceptions. Many appeals may be taken only after the lower court enters a final judgment.
Trial de novo: A new trial in which a court considers the case afresh rather than merely reviewing the prior decision. Unlike an ordinary appeal, it can involve new fact-finding and evidence.
Precedent: A prior judicial decision used as authority in deciding later cases. Published appellate rulings can bind lower courts on legal questions.
Appellate brief: A written argument presenting a party’s legal claims and supporting authorities to an appellate court. It explains which alleged errors warrant reversal or another remedy.
Jurisdiction: A court’s legal authority to hear a case and decide issues within its power. An appellate court must have authority over the case and the type of decision challenged.
Retrial: A new trial held after an earlier trial has been set aside or otherwise rendered inconclusive. An appeal reviews alleged errors; a retrial reopens proceedings to decide the case again.
Remand: An order returning a case to a lower court for further proceedings consistent with an appellate ruling. An appellate court may require additional proceedings instead of resolving every issue itself.
Standard of review: The level of deference an appellate court gives to a lower court’s decision on a particular issue. It determines how closely the appellate court examines each claimed error.
Preservation of error: The procedural steps required to raise an issue in the trial court so it can ordinarily be reviewed later. An issue omitted or inadequately raised below may be unavailable on appeal.

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