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    Appeal and Review

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    minniethobeka6
    An appeal questions the substantive correctness of a decision based on the facts and law, believing the court reached the wrong conclusion. A review questions the procedural fairness of the proceedings, believing the method used by the court was flawed. An appeal is based solely on the record, while a review can introduce new evidence. Appeals are brought through a notice of appeal within time limits, while reviews can be brought through an application within a reasonable time through extrinsic evidence in affidavits. Examples of appeals include decisions on evidence, pleadings, and burden of proof, while examples of reviews include lack of evidence, rejection of evidence, lack of jurisdiction, and bias of the presiding officer.

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    Appeal and Review

    Uploaded by

    minniethobeka6
    9 views4 pages
    An appeal questions the substantive correctness of a decision based on the facts and law, believing the court reached the wrong conclusion. A review questions the procedural fairness of the proceedings, believing the method used by the court was flawed. An appeal is based solely on the record, while a review can introduce new evidence. Appeals are brought through a notice of appeal within time limits, while reviews can be brought through an application within a reasonable time through extrinsic evidence in affidavits. Examples of appeals include decisions on evidence, pleadings, and burden of proof, while examples of reviews include lack of evidence, rejection of evidence, lack of jurisdiction, and bias of the presiding officer.

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    An appeal questions the substantive correctness of a decision based on the facts and law, believing the court reached the wrong conclusion. A review questions the procedural fairness of the proceedings, believing the method used by the court was flawed. An appeal is based solely on the record, while a review can introduce new evidence. Appeals are brought through a notice of appeal within time limits, while reviews can be brought through an application within a reasonable time through extrinsic evidence in affidavits. Examples of appeals include decisions on evidence, pleadings, and burden of proof, while examples of reviews include lack of evidence, rejection of evidence, lack of jurisdiction, and bias of the presiding officer.

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    © All Rights Reserved
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    9 views4 pages

    Appeal and Review

    Uploaded by

    minniethobeka6
    An appeal questions the substantive correctness of a decision based on the facts and law, believing the court reached the wrong conclusion. A review questions the procedural fairness of the proceedings, believing the method used by the court was flawed. An appeal is based solely on the record, while a review can introduce new evidence. Appeals are brought through a notice of appeal within time limits, while reviews can be brought through an application within a reasonable time through extrinsic evidence in affidavits. Examples of appeals include decisions on evidence, pleadings, and burden of proof, while examples of reviews include lack of evidence, rejection of evidence, lack of jurisdiction, and bias of the presiding officer.

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    APPEAL & REVIEW

    FUNDAMENTAL DISTINCTION BETWEEN


    APPEAL & REVIEW

    APPEAL REVIEW

     Party wants to question  Party wants to question


    the substantive the procedural fairness of
    correctness of the the proceedings
    decision  Party is of the opinion that
    the method used by the court
     Party believes that the in arriving at its conclusion
    court came to a wrong was flawed or irregular
    conclusion on the facts in  Not the correctness of the
    issue or the law decision, but the validity of
    the decision is being
    questioned here
    OTHER DIFFERENCES BETWEEN APPEALS
    AND REVIEWS

    APPEAL REVIEW

     Since an appeal is a re-evaluation  When a matter is taken on review, it is


    of the decision of the court, it is unlikely that the irregularity will
    generally a matter of argument, appear from the record, since the
    objection will often concern a mistake
    based on the record of the or fault by the decision maker
    proceedings alone  The parties are therefore not bound
     The parties are strictly bound to the to the record and may make use of
    record extrinsic evidence
     Appeals are brought before court  Reviews are brought before court by
    by lodging a notice of appeal way of application
     The notice describes the grounds of  The affidavits which are annexed to
    appeal the notice of motion set out evidence
     Specific time limits apply of irregularity
     Reviews need not be brought within a
     The notice describes the grounds of
    appeal fixed period of time
     Within a reasonable time
    EXAMPLES

    APPEAL REVIEW

     A judgement which is not  A judgement which is not supported by


    justified by evidence any evidence at all
     Rejection of competent evidence may,
     A decision regarding the depending on the circumstances, be
    right of a party to amend grounds for either an appeal or review
    a pleading  Process by which proceedings of
    inferior courts are brought before
     A decision regarding the superior courts as a result of grave
    striking out of certain irregularities or illegalities occurring
    allegations during the course of the proceedings
    Absence of jurisdiction on the part of
     A decision relating to the 
    the court
    party upon whom the  Interest in the cause, bias, malice or
    onus of proof lies corruption of the presiding officer

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