Video Transcript

Appellate litigation is the review of prior litigation in the court below. By the court below we typically mean the trial court or in the case of administrative litigation the administrative law judges proceedings. The trial court or the administrative law judge takes evidence and finds facts. They hear the testimony of witnesses, they review the exhibits and they reach a decision. In some cases that decision is rendered by a jury in the case of civil litigation.

The appellate court is sometimes asked to review those decisions to make sure that they comply with the law. In most cases the findings of fact that are made by either an administrative law judge or a jury are given a great deal of deference because those individuals were there to witness the demeanor of the persons testifying, to decide whether those people were believable, to view and weight the evidence and decide how much weight to give it.

The appellate court will not typically reweigh the evidence. What they will do is review the case and determine if, based upon the evidence, the law as applied to this case justified the result that was reached below or whether or not the lower court committed some sort of error, whether it was in keeping evidence out or misapplying the law to the case.