In the judicial system, there are mechanisms for parties to seek redressal if they feel aggrieved by a court’s decision. Two such tools are appeals and reviews, which may cause confusion due to their similarities and overlap. This article aims to clarify the differences between appeals and reviews.
Key Takeaways
- An appeal is filed in a higher court, whereas a review is filed in the same court.
- Appeal is a statutory right, while review is a discretionary right of the court.
- Review focuses on the correctness of legal matters in a decision, while an appeal concerns the correctness of the decision itself.
Appeals occur when a party is dissatisfied with a court’s verdict and decides to appeal against the decision in a higher court. These individuals seek relief from the judgment, hoping for its reversal or modification. In most judicial systems, an appeal is considered a right and a tool to seek redressal if a party feels wronged by the court’s decision. If an appeal fails, a second appeal can be filed. Appeals are always filed by one of the concerned parties.
On the other hand, a review is used by an aggrieved party to request a court to take a second look at its decision or verdict. Reviews are typically used in situations where there is no provision for an appeal. A review is not a statutory right, but rather a discretionary right of a court, as it can reject the request for a review. Reviews are sought in the same law court where the original decision was made, and there is no system for a second review. A court of law can undertake a review suo moto (on its own initiative).
The primary difference between an appeal and a review lies in their areas of focus. A review is mainly concerned with the correctness of the legal matters in a decision, while an appeal is concerned with the correctness of the decision itself. Additionally, procedural irregularity, impropriety, irrationality, and illegality form the basis of a review, while grounds for dissatisfaction or disappointment are typically cited for filing an appeal. An appeal is a request to change or modify a decision or verdict, while a review is a request to examine the legality of the ruling.
