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A Guide to Appeals
An appeal is a way to challenge a lower court's decision if you believe there was an error in the original ruling. While many people focus on winning their case at the trial level, it's also important to understand the appeals process, as it is a fundamental part of the legal system in common law jurisdictions. A strong case at the lower court is built upon three elements: providing a strong argument, referencing relevant case law (authorities), and aligning with the prevailing philosophy of law (jurisprudence). If you believe you presented a strong case using these elements and still lost, you might consider that the judge made an error, which could be grounds for an appeal.

Grounds for an Appeal
There are three main reasons you can file an appeal. An appeal can be filed if the judge made an error in the facts, meaning they misunderstood the evidence presented. Similarly, an appeal can be made if the judge made an error in law by misinterpreting or misapplying legal principles. The third avenue for an appeal is a breach of natural justice. This means your right to be heard was violated, which includes having the right to present your case fully and without prejudicial restriction.

The Appeals Process: Initial Steps
If you believe you have a case for an appeal, you must act quickly. Most appeal courts have a time limit, often 30 days from the day the judgment was orally pronounced. During this time, you need to file a "notice of appeal". Once the notice is filed, you generally have one year to move forward with the appeal before it might be dismissed for inactivity. You may also file for a "stay of proceedings" to halt the lower court's process until your appeal is heard, which prevents any negative consequences from the original ruling while you pursue your appeal.

Right of Appeal vs. Leave to Appeal
In some cases, an appeal is granted as a right. This occurs when a lower court's final decision is held against you, and the only way to achieve an equitable outcome is through an appeal. In these situations, you are granted an appeal automatically and can proceed to argue your case without needing to seek permission.
However, if the decision is not a final one, or if it is an interim part of the process, you must file for "leave to appeal". This means you have to ask for permission to appeal. To do this, you must provide a preliminary argument to a single justice, demonstrating that your case has a likelihood of success and is not frivolous or vexatious. You must also briefly explain how the lower court judge erred in fact or law, or violated your natural rights.

The Appeal Hearing
If your appeal is granted, either as a right or after filing for leave, the full appeal hearing will be scheduled for a later date. This hearing is typically in front of a panel of three to five justices. The appeal court will review all the materials from the lower court, including all the evidence, affidavits, and written submissions. The purpose is to determine whether the original judge made an error based on the facts, legal authorities, and jurisprudence presented. The judges are not there to retry the case but to decide if the previous judge should have come to a different conclusion.

The Outcome of an Appeal
After reviewing the case, the appellate justices have a few options. If they believe the judge in the lower court erred, they can overturn the original decision and either issue the ruling that should have been made initially or send the case back to the lower court for a retrial with specific instructions. The appeals process can be complex and unpredictable, but it is a standard part of the legal system in common law jurisdictions like the United States, Canada, and England. Understanding this process is key to navigating the legal system effectively.