Free tool · The Judiciary
How Does an Appeal Work? Where It Goes and What Standard of Review Applies
A party that loses at trial can usually appeal as of right to the intermediate appellate court, if one exists, from a final judgment, within a short and strictly enforced time limit. Review by the highest court is mostly discretionary: the party petitions, and the court takes a small number of cases that raise important questions or conflicts among lower courts. The standard of review depends on the question: questions of law are decided afresh (de novo), findings of fact by a judge stand unless clearly wrong, jury findings stand unless no reasonable jury could have reached them, and discretionary rulings are reversed only for abuse of discretion. The issue must usually have been raised below, and interim orders generally cannot be appealed until the case ends, with limited exceptions.
Tool · Appeal Path Finder
Appeal goes to: The intermediate appellate court. Review is available as of right, under the standard: De novo (fresh review).
Where next: A party who loses at trial can appeal to the intermediate appellate court, usually as of right from a final judgment.
Final judgment: Appeals normally lie from a final judgment, which ends the case in the trial court.
Preservation of the issue: The issue was raised and ruled on below, so the appeal court can consider it.
Standard of review: Questions of law are reviewed without deference to the lower court: the appellate court decides the legal question for itself.
Time limit: The time to appeal is short and strictly enforced, often thirty days from the judgment or order. Missing it usually ends the right to appeal. Check the rules of the court.
Shows where an appeal goes from a decision in a US-style court system, whether review is a right or a favour, which standard of review applies to the kind of question, and the traps: the final judgment rule, preserving the issue and the short time limit. Procedures differ by court and country; invented facts, a teaching aid, not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Choose the court that decided and the kind of question appealed.
- Say whether the decision is a final judgment, whether the issue was preserved and whether a jury found the facts.
- Read where the appeal goes and whether review is a right.
- Read the standard of review and the traps.
Common questions
Why is the standard of review important?
Because it decides how much the appeal court will defer to the court below. Legal errors are reviewed freely; factual findings and discretionary calls are reviewed with great deference.
What is the final judgment rule?
Appeals normally lie only from the end of the case in the trial court. Exceptions include certain collateral orders, injunctions and questions certified by the trial judge.
Can I raise a new argument on appeal?
Usually not. Issues not raised and ruled on below are generally treated as waived, subject to narrow exceptions.
Learn the law behind the tool
This tool is part of our The Judiciary course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. The Judiciary: Court Hierarchy and Structure.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.