Q.1 What is the primary purpose of an appellate procedure in law?
To retry the case entirely with new evidence
To review the legal correctness of a lower court's decision
To impose a harsher punishment than the lower court
To negotiate a settlement between parties
Explanation - The appellate procedure allows higher courts to review decisions of lower courts to ensure legal correctness, not to re-try the case entirely or introduce new evidence.
Correct answer is: To review the legal correctness of a lower court's decision
Q.2 Which document initiates an appeal in most judicial systems?
Writ of Habeas Corpus
Petition for Review
Notice of Appeal
Summons
Explanation - A Notice of Appeal is filed to formally inform the appellate court and the opposing party that the decision of a lower court is being challenged.
Correct answer is: Notice of Appeal
Q.3 Which court typically hears appeals from trial courts?
Appellate Court
Trial Court
Supreme Court
Small Claims Court
Explanation - Appellate courts are established to review and decide on the correctness of trial court decisions, without conducting a new trial.
Correct answer is: Appellate Court
Q.4 In appellate proceedings, can new evidence generally be introduced?
Yes, always
No, except under very limited circumstances
Yes, if both parties agree
Yes, if the lower court judge allows
Explanation - Appellate courts usually focus on errors of law and procedure; introducing new evidence is generally restricted.
Correct answer is: No, except under very limited circumstances
Q.5 What is a common outcome if an appellate court finds legal errors in the lower court's decision?
Ordering a retrial
Increasing the penalty without review
Ignoring the error
Punishing the lower court judge
Explanation - The appellate court may reverse, modify, or remand the case back to the lower court for retrial or correction of errors.
Correct answer is: Ordering a retrial
Q.6 Which type of appeal is filed against interlocutory orders?
Final Appeal
Interlocutory Appeal
Criminal Appeal
Civil Appeal
Explanation - Interlocutory appeals are filed against intermediate decisions before the final judgment to address urgent legal issues.
Correct answer is: Interlocutory Appeal
Q.7 Who has the burden of proving errors in an appellate court?
The appellant
The respondent
The judge
The jury
Explanation - The appellant must demonstrate that the lower court made errors that affected the outcome of the case.
Correct answer is: The appellant
Q.8 What is the term for the written statement submitted by a party to support their appeal?
Affidavit
Pleadings
Brief
Motion
Explanation - A brief presents legal arguments, facts, and authorities to persuade the appellate court in favor of the appellant's position.
Correct answer is: Brief
Q.9 Which of the following is NOT a function of appellate courts?
Correcting errors of law
Interpreting legal principles
Conducting jury trials
Ensuring uniformity in the law
Explanation - Appellate courts do not conduct jury trials; they review the application of law and procedure from lower courts.
Correct answer is: Conducting jury trials
Q.10 What does 'remand' mean in appellate procedure?
Dismiss the appeal
Send the case back to the lower court
Approve the lower court’s decision
Award damages directly
Explanation - When an appellate court remands a case, it sends it back to the lower court for further proceedings consistent with its instructions.
Correct answer is: Send the case back to the lower court
Q.11 Which principle allows an appellate court to rely on prior decisions for guidance?
Res judicata
Stare decisis
Habeas corpus
Sub judice
Explanation - Stare decisis ensures consistency and predictability by obligating courts to follow established legal precedents.
Correct answer is: Stare decisis
Q.12 What is an 'appeal by leave'?
Automatic appeal without permission
Appeal allowed only with permission of the appellate court
Appeal limited to criminal cases
Appeal filed against administrative decisions only
Explanation - Certain appeals require prior permission or leave of the appellate court to proceed, usually for non-automatic appeals.
Correct answer is: Appeal allowed only with permission of the appellate court
Q.13 Which of the following is a common ground for appeal?
Error in the application of law
Disagreement with the judge’s personality
Public opinion against the verdict
Time taken by the lower court
Explanation - Appeals are based on errors of law or procedure, not personal opinions or dissatisfaction with timelines.
Correct answer is: Error in the application of law
Q.14 What role does a 'respondent' play in an appeal?
Challenges the lower court’s decision
Defends the lower court’s decision
Issues the appeal
Acts as a mediator
Explanation - The respondent is the party who won in the lower court and defends the decision against the appellant’s claims.
Correct answer is: Defends the lower court’s decision
Q.15 Which term describes an appeal to the highest court of a country?
Trial Appeal
Final Appeal
Intermediate Appeal
Appellate Review
Explanation - A final appeal is made to the supreme or highest court in a jurisdiction, whose decision is usually conclusive.
Correct answer is: Final Appeal
Q.16 What is an 'oral argument' in appellate proceedings?
A trial conducted by jury
A discussion between lawyers and appellate judges
A negotiation to settle the case
A hearing for witness testimonies
Explanation - Oral arguments allow lawyers to present their case and answer judges’ questions, supplementing the written briefs.
Correct answer is: A discussion between lawyers and appellate judges
Q.17 Which of the following limits the time within which an appeal must be filed?
Jurisdiction
Limitation period
Subpoena
Precedent
Explanation - Appeals must be filed within a specific period defined by law, failing which the appellate court may reject the case.
Correct answer is: Limitation period
Q.18 What is a 'cross-appeal'?
An appeal filed simultaneously by both parties against different aspects
An appeal filed in a foreign court
An appeal filed after a retrial
An appeal against a minor procedural error
Explanation - A cross-appeal allows the respondent to challenge parts of the decision while the appellant challenges other parts.
Correct answer is: An appeal filed simultaneously by both parties against different aspects
Q.19 Which of the following is usually NOT reviewed in an appeal?
Legal errors
Interpretation of law
Facts determined by the jury
Procedural compliance
Explanation - Appellate courts generally do not re-examine factual findings by a jury unless there is a clear error or abuse of discretion.
Correct answer is: Facts determined by the jury
Q.20 Which of the following best describes the 'scope of review' in appeals?
Review all aspects including new evidence
Review only errors in law or procedure
Review public opinion on the case
Review financial damages awarded
Explanation - The appellate court focuses on errors of law or procedure rather than re-evaluating facts or evidence.
Correct answer is: Review only errors in law or procedure
Q.21 Which type of appellate decision completely replaces the lower court’s judgment?
Affirmed decision
Reversed decision
Remanded decision
Dismissed decision
Explanation - When an appellate court reverses a decision, it replaces the lower court’s judgment with its own ruling.
Correct answer is: Reversed decision
Q.22 What is the meaning of 'affirmed' in appellate decisions?
Lower court’s decision stands
Case is sent for retrial
Appeal is dismissed without explanation
Case is escalated to another country
Explanation - Affirmation means the appellate court agrees with the lower court and lets the original decision remain in effect.
Correct answer is: Lower court’s decision stands
Q.23 Which principle restricts appellate courts from retrying cases with fresh evidence?
Res judicata
Finality of judgment
Doctrine of precedent
Stare decisis
Explanation - The principle of finality ensures that appeals focus on legal errors rather than re-adjudicating the case with new evidence.
Correct answer is: Finality of judgment
Q.24 Who typically writes the appellate court’s opinion?
Appellant
Judge or panel of judges
Trial court jury
Attorney General
Explanation - Judges or panels issue opinions explaining the reasoning behind affirming, reversing, or remanding a case.
Correct answer is: Judge or panel of judges