Civic · 6 pages · 12 min

How appeals review the record

An appeal reexamines the written record and the legal rulings, not the case from scratch.

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From the opening

An appeal asks a higher court to review what the trial court did, using the record that was made below. That record is the filed papers, the admitted evidence, the transcript of what was said, and the rulings and judgment under challenge. The opening covers the transcript is the evidence of what happened, legal rulings get a fresh look, and fact findings usually get deference.

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Inside

  • The transcript is the evidence of what happened
  • Legal rulings get a fresh look
  • Fact findings usually get deference
  • Unpreserved issues often stay closed
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • Appellate record
  • Standard of review