appellate court
Does a appellate court use wittnesses, have a jury or go tothe scene, also can a judge overrule a jury?
Re: appellate court
No. The appellate court only reviews the court record (i.e.- the pleadings and the hearing/trial transcripts). It does not consider any new evidence. It only sees if the law was applied correctly to the facts of the case or if there were procedural or evidentiary errors which require reversal or remanding for further proceedings. There is no jury-- only a panel of appellate judges. They hear oral arguments at a hearing only if it is requested by one of the parties. No one goes to the scene of the dispute when a case is being appealled. Finally, a judge can overrule a jury. If it is done at the time of trial, then it is called judgment not withstanding the verdict. If it is done after the trial, it is normally done during the appeals process by a local distric appellate court. It is called a reversal of the lower court's decision.
