Appellate court

An appellate court, often known as a court of appeal, court of appeals or court of second instance, is a judicial body authorised to review decisions made by a lower court or tribunal. It forms a key component of judicial hierarchies worldwide, operating above trial courts and, in many systems, beneath a supreme court that serves as the court of last resort. Appellate courts do not usually take evidence or hear witnesses; instead, they examine whether legal principles and procedures were correctly applied at first instance.
They function to ensure fairness, consistency and accuracy within the legal system by correcting errors, clarifying law and, where appropriate, ordering new proceedings. Appellate structures and powers differ significantly across jurisdictions, but the essential role of such courts remains consistent: they exist to provide a mechanism for structured legal review.

Functions and Standards of Review

Appellate courts operate according to defined standards of review that determine how much deference is granted to the decision under appeal. These standards vary depending on whether the issue on appeal is factual, legal or discretionary:
• Issues of fact: Trial courts, having heard testimony and reviewed evidence directly, are generally afforded deference. Appellate courts typically apply a ‘clear error’ standard and will not overturn factual findings unless a significant mistake is evident.
• Issues of law: These are reviewed without deference. An appellate court may reverse or modify the decision if it considers that the trial court misinterpreted or misapplied the law.
• Discretionary decisions: Examples include rulings on admissibility of evidence or decisions to grant a new trial. Appellate review is highly deferential and will intervene only where an abuse of discretion has occurred.
Some civil law jurisdictions grant broader authority, permitting appellate courts to reassess facts and essentially retry aspects of the case, following the principle of double degré de juridiction. Common law systems tend to restrict appellate courts to reviewing the record rather than rehearing evidence.
Before any appeal can be heard, the appellate court must have jurisdiction. This may depend on the nature of the case, the type of decision appealed or the specific statutory provisions governing appeal rights.

Appellate Procedures and Outcomes

Appellate courts may adopt one of several approaches to reviewing cases:
• De novo hearings: A complete rehearing without deference to the trial court’s determinations, though this is rare in higher appellate courts.• Review on the record: The most common method, confined to examining legal errors based on the existing case record.• Remand: If an appellate court finds a reversible error, it cannot decide disputed facts itself. Instead, it returns the case to the trial court with instructions for further proceedings.
The decision of an appellate court typically results in one of four outcomes: affirming the lower court, reversing its decision, modifying its ruling or remanding the matter for additional action.
Appellate courts may be generalist or specialised. Some jurisdictions assign criminal appeals to dedicated criminal appeal courts, while others maintain separate civil and criminal appellate divisions. In certain systems, parties have a right to one appeal, whereas supreme courts may exercise discretionary review, choosing which cases warrant their attention.

National Variations

AustraliaThe High Court of Australia is the nation’s highest appellate court, with jurisdiction over all other courts. Appeals are heard only by special leave, which is granted primarily for questions of public importance or constitutional interpretation. In most cases, the appellate divisions of State and Territory Supreme Courts, along with the Federal Court, function as the final courts of appeal.
New ZealandThe Court of Appeal of New Zealand, located in Wellington, is the principal intermediate appellate court. Most appeals are resolved at this level rather than by the Supreme Court.
PhilippinesThe Court of Appeals serves as the main intermediate appellate court, complemented by the Sandiganbayan for corruption-related cases and the Court of Tax Appeals for revenue matters. Appeals progress to the Supreme Court.
Sri LankaThe Court of Appeal of Sri Lanka, based in Colombo, is the second-highest court and handles appeals from lower courts before matters reach the Supreme Court.
United StatesIn the United States, both state and federal appellate courts typically assess whether the correct legal standards were applied at trial. They do not ordinarily consider new evidence or arguments not raised below. Most litigants are entitled to one appeal as of right, but higher courts such as the United States Supreme Court exercise discretionary review. Specialised appellate courts exist, including courts dedicated to criminal appeals in some states and the Federal Circuit for patent and federal claims appeals.
Only a small proportion of trial court decisions ultimately proceed to appeal due to cost, the limited grounds for reversal and the deferential nature of review. Appellate courts may be known by various names: court of appeals, court of appeal or appellate division, depending on jurisdiction. Historically, some courts were titled courts of errors, emphasising their role in correcting mistakes.

Nomenclature and Court Hierarchies

Terminology differs among English-speaking countries. American English commonly uses ‘court of appeals’, whereas British English prefers ‘court of appeal’. The designation must follow the statutory or customary name of each specific jurisdiction. Some regions preserve historical titles, and in certain systems, an appellate body may serve as the highest court even when its name does not explicitly indicate such status—for example, the New York Court of Appeals, which is the state’s highest court despite its title suggesting otherwise.
Specialised divisions may exist within court hierarchies, allowing for subject-specific appellate review. While intermediate appellate courts carry a substantial caseload, supreme courts typically focus on broader legal principles, constitutional matters or inconsistencies in the application of law.