Cjs220 Final Assignment

Topics: Appeal, Roe v. Wade, Supreme Court of the United States Pages: 3 (1057 words) Published: March 3, 2012
According to Wikipedia, an appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision. Appeals are made on the basis of matters of law, not fact. What this means is that the legal basis for an appeal must be a claim that the law was misapplied, either substantively or procedurally. An appeal cannot be made on the basis of disputes about the facts of the case, or dislike for the outcome of the case. For example, if you are convicted of a crime, you generally cannot appeal solely because you believe you are innocent.

Procrastination is not an option when seeking appellate review. Failure to file an appeal by the proper deadline will cause the appeal to fail regardless of its legal merits. An appeal based on the claim that evidence of “actual innocence” has been discovered post-trial must be filed within a specified time, which varies according to the nature of the appeal (e.g., an appeal for retrial, a writ of habeas corpus, or another type of appeal) and the jurisdiction. According to The Innocence Project, thirty-three states require that claims of innocence based on new evidence be brought within six months of the final appeal.

The specific procedures for appealing vary from one country to another. The nature of an appeal varies depending on the nature of the case as well as the rules of the court where the case was prosecuted. There are many types of standard of review for appeals. An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, or procedure. If the defendant in a criminal case, or a plaintiff in a civil case, believes that their original trial...
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