Lizzie O'Shea talks to Australia's top legal minds. She takes us into the courts, and the places where our law has been made.
Runtime: 10 minutes
Legal Briefs - Appeal - Netflix
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.
Legal Briefs - Appellate procedure - Netflix
Although some courts permit appeals at preliminary stages of litigation, most litigants appeal final orders and judgments from lower courts. A fundamental premise of many legal systems is that appellate courts review questions of law de novo, but appellate courts do not conduct independent fact-finding. Instead, appellate courts will generally defer to the record established by the trial court, unless some error occurred during the fact-finding process. Many jurisdictions provide a statutory or constitutional right for litigants to appeal adverse decisions. However, most jurisdictions also recognize that this right may be waived. In the United States, for example, litigants may waive the right to appeal, as long as the waiver is “considered and intelligent”. The appellate process usually begins when an appellate court grants a party's petition for review or petition for certiorari. Unlike trials, appeals are generally presented to a judge, or a panel of judges, rather than a jury. Before making any formal argument, parties will generally submit legal briefs in which the parties present their arguments. Appellate courts may also grant permission for an amicus curiae to submit a brief in support of a particular party or position. After submitting briefs, parties often have the opportunity to present an oral argument to a judge or panel of judges. During oral arguments, judges often ask question to attorneys to challenge their arguments or to advance their own legal theories. After deliberating in chambers, appellate courts will issue formal opinions that resolve the legal issues presented for review.
Legal Briefs - References - Netflix