System Of Appeals Flashcards
What is an appeal?
An appeal is an application to a higher court for a decision to be reversed.
What is an appellant and a respondent?
Appellant: The party who makes the appeal.
Respondent: The party against whom the appeal is being made.
How does a system of appeals ensure fairness?
- A party who is not satisfied may appeal to a higher court.
- If an error is made it can be corrected. This is fair.
- Without a hierarchy, party’s would not know how to challenge a decision.
On what grounds can an appeal be made?
Question of law: Legal principles have not been applied correctly.
E.g courts have access to prior convictions.
Conviction: Accused person found guilty maintains their innocence.
Severity/leniency of the offense: Accused or prosecution can appeal.
Must end with a sentence saying???
“Without a court hierarchy it would not be possible to have a system of appeals/ or to have court specialization and develop expertise.”