What Does an Appeal Involve?
Orange County trial lawyers provide help to plaintiffs and defendants in civil claims. There are many different kinds of cases that go to court, from claims arising from a breach of contract to personal injury claims to cases which determine if a company has improperly used a trademark or if an employee has violated a non-disclosure agreement. What every case has in common is that a plaintiff is seeking some type of legal remedy because the plaintiff believes he has been wronged.
Brown & Charbonneau, LLP is here to help represent plaintiffs who want to use the legal system to right a wrong. We also represent defendants who are facing the potential for legal liability and who need to be proactive in protecting their interests. You should involve our Orange County trial lawyers early in your case so we can put our experience to work to help you develop an appropriate trial strategy that maximizes your chances of a favorable outcome.
When your case goes to trial and a verdict is entered, the decisions can have a profound impact on your life or on your business operations so you want to try to ensure you get the right outcome from the initial legal proceedings. Sometimes, however, a case will not be decided in your favor. If you are unhappy with the verdict in a civil case, you can consider an appeal. Our firm can help you to determine if an appeal is possible, so if you are not happy with a verdict you have received, give us a call to find out about the assistance we can provide.
What is Involved in an Appeal?
The appeals process involves a higher court reviewing decisions made by a lower court. The Judicial Branch of California explains the process of an appeal, indicating that state appellate courts review the trial record in order to determine whether the trial court may have made a legal error that had an influence on the cased outcome.
When you file an appeal, you are called the appellant. The appellant must demonstrate that some type of legal problem occurred, such as the judge giving the wrong jury instructions or admitting evidence which should have been considered inadmissible.
An appeals court will not substitute its own judgment on the facts for decisions made in the lower court. If a case hinged on witness testimony, for example, and the judge or jury in the lower court case found the witness credible, the appellate court will not make its own assessment of the likelihood the witness was truthful. The appellate court only considers whether prejudicial error occurred or whether there was no substantial evidence that would justify the decision made in the lower court.
An appellate will submit a legal brief making arguments to the appellate court about what problems occurred during the initial trial and will make oral arguments to the appellate court. Typically, an attorney with experience in appeals will prepare and submit the brief and will make arguments to the appeals court on a client’s behalf. The appeals court will solely consider the legal arguments made by the appellant and by the respondent (the other party to the litigation); it will not re-hear evidence or do a re-run of the trial.
The appellate court will assess whether there were mistakes in court procedures or in the application of the law, and will look at whether there is sufficient evidence to support the verdict reached in the lower court. The appellate court will then make a decision about whether there was an underlying problem with the lower court proceedings that affected the case outcome and what the appropriate course of action is. An appeals court can overturn a decision made in the lower court and/or can send the case back to the lower court for further review with instructions on the correct application of the law or the correct procedures that should be followed.
The strength of your legal arguments will determine the likely success or failure of an appeal, so having the right attorney can be vital if you wish to try to have an unfavorable verdict overturned or if you wish to defend a verdict in your favor against a successful appeal.
Getting Help from Orange County Trial Lawyers
Orange County trial lawyers at Brown & Charbonneau, LLP can provide help during your initial civil case as well as during the appeals process. We know how to craft compelling arguments and make a strong case before the appellate court. Let us put our legal knowledge and experience to work on your case. Give us a call at (866)237-8129 or contact us online today.