Appellate court

It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony.

When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error.

[4] Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record).

In the United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals.

Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories.

[8][9] Appeals to the High Court are by special leave only, which is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories.

[11] In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court.

The Court of Appeals is primarily found in Manila, with three divisions each in Cebu City and Cagayan de Oro.

In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were.

[16] Therefore, only a small proportion of trial court decisions result in appeals.