KSL ATP Civil Litigation study materials
KSL ATP Civil Litigation study resources

KSL ATP Civil Litigation: Appeals and Review

KSL ATP Civil Litigation · Work through your exam, one topic at a time.

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Appeals and Review

Foundations

Appeals challenge a decision before a higher forum; review asks the same court to reconsider its own decision. They are distinct remedies with distinct grounds and limits.

Concepts to master

  • Right of appeal is statutory; no appeal lies unless conferred by law.
  • Grounds of appeal must target errors of law, misappreciation of evidence, or procedural irregularity; an appeal is not a fresh trial de novo in the ordinary sense.
  • Cross-objections allow a respondent to challenge adverse findings without filing a separate appeal.
  • Review is confined to: discovery of new and important matter or evidence, mistake or error apparent on the face of the record, or any other sufficient reason. It is not a disguised appeal.
  • Time limits for appeal and review are strict; condonation of delay requires sufficient cause.
  • Powers of the appellate court include confirming, reversing, varying, or remanding the decree.

Traps in questions

  1. Using review to re-argue the merits.
  2. Filing an appeal without exhausting statutory pre-conditions (e.g., required deposit or notice).
  3. Forgetting cross-objections and losing the ability to challenge adverse findings.
  4. Assuming an appellate court can entertain new evidence freely.

Rule of thumb

Wrong decision? Appeal. Wrong on the face of the record? Review. If the error requires re-weighing evidence, review is not the remedy.

Worked example

A party loses on a finding of fact and seeks review, alleging the court misappreciated evidence. That is an appealable error, not an error apparent on the face of the record; review should be dismissed. If instead the decree contains a clerical computation error, review is appropriate.