Appealing a legal ruling is not as easy as it sounds. There are some misconceptions and myths about the process that make it even more complicated. For example, many people believe they can appeal any decision in court or arbitrator if they disagree with the ruling. In reality, there are very few cases where this is possible.
1) If You Disagree with the Ruling, Appeal Immediately
Some people believe they can always file an immediate appeal if they do not agree with a legal decision. However, this is only possible in certain cases with special statutory or case law grounds to justify it. Without these conditions existing, filing an immediate appeal would be considered frivolous and result in litigation sanctions.
2) You Have a Right to Appeal
You do not even have the right to file an immediate appeal in most cases. In fact, in many situations where there is no existing statutory or case law authority for this procedure, it might be considered frivolous and result in litigation sanctions. This means that if you disagree with a ruling from a small claims court or arbitration tribunal, you cannot appeal it.
3) You Can Appeal if the Other Party Appeals
It is common for people to believe that they have a right to file an immediate appeal because another decision was filed against them. However, this only applies in certain circumstances where statutory or case law authority permits it. For example, you might be able to immediately appeal the portion of the claim of an arbitration tribunal’s decision if the other party filed a counter-appeal against you.
4) The Decision Can Be Overturned on Appeal
While a court or arbitration tribunal can overturn a previous ruling, this does not always happen. The majority of appeals are denied. This means that you should only file an appeal if you have a strong case and are willing to take the risk of losing.
5) You Can Get a New Trial
Another common misconception is that you can get a new trial if you file an appeal. This is not always the case, as specific grounds must be met for this to happen. For example, you might be able to request a new trial if the court or tribunal made a legal error.
6) You Can Request a New Trial in Certain Situations
While you might get a new trial in some cases, this does not mean that it will happen. For example, if you filed an appeal and the court or arbitration tribunal rules there was no legal error made that would justify overturning the decision, then your case is over. This means that you should carefully review the grounds for appeal before filing to ensure a good chance of success.
7) The Other Party Can Appeal If You Win
If you are the person who filed the appeal and won, it is common for people to believe that the other party can file an immediate appeal. However, this only applies in certain circumstances where statutory or case law authority permits it. For example, the losing party might be able to immediately appeal a decision if the ruling was in their favor.
8) You Can Only Appeal a Decision If You are the Defendant
Another common misconception is that you can only file an appeal if you are the person who lost in court. This is not always the case, as there are situations where you might be able to file an appeal as the plaintiff. For example, if there was a legal error made by the court or arbitration tribunal, you might be able to file an immediate appeal.