What are some factors that influence a decision to appeal?

The objective of the appeal should be an important factor in deciding on an appeal. Is your goal to seek a new trial? Is it to reduce the amount of damages? Is it to buy time? Is it to establish a new legal principle? Or, are you seeking leverage for some compromise or settlement arrangement? As it is quite common for the winning party to discount slightly a judgment or to agree not to collect court costs in order to persuade the loser not to appeal, you may be able to benefit should you negotiate not to appeal.

If you are convicted in a criminal case and are going to be spending years in jail you may decide to appeal as “what is there to lose”? On the other hand suppose yours is a civil case involving an issue of recurring importance to your business (such as the size of type you used in your contracts). Suppose also that you believe the judge’s instructions to the jury were wrong and as a result you lost, but damages were small, and there was no published decision. If you appeal you risk having an appellate court find what may be used against you in other cases and/or generate adverse publicity.

Case Studies: Factors That Influence a Decision to Appeal

Case Study 1: Seeking a New Trial

In a personal injury case, Sarah was awarded damages, but she believes the amount is insufficient to cover her medical expenses and lost wages adequately. Her objective is to seek a new trial to present additional evidence supporting the extent of her injuries and losses. By appealing, Sarah hopes to obtain a larger compensation that reflects the full impact of her injuries.

Case Study 2: Establishing a New Legal Principle

In a business dispute over a contract, John’s company lost the case due to the judge’s incorrect interpretation of a crucial contractual clause. John’s objective is not only to overturn the judgment for his business but also to establish a new legal principle that clarifies the correct interpretation of the clause. By appealing, he aims to set a precedent that will benefit his company and others facing similar contractual disputes in the future.

Case Study 3: Risk and Reward Calculation

After being convicted in a criminal case, Michael is facing a lengthy prison sentence. He decides to appeal because he believes he has nothing to lose. In his view, the risk of an unfavorable outcome on appeal is outweighed by the potential reward of getting a reduced sentence or having his conviction overturned entirely. For Michael, appealing is a chance to fight for his freedom and seek justice.