Appeal vs Review
In a judicial system, there is always a provision to get redressal if a party to a case feels aggrieved by a decision of a law court. There is the system of appealing against the verdict of a lower court in a higher court, and there is also a procedure called review that is concerned with the legality of the verdict or decision. Many people remain confused between appeal and review because of their similarities and considerable overlap. This article attempts to highlight the differences between appeal and review to let readers have a better understanding of the two tools available to them.
When a party to a decision of the court is not satisfied with the verdict and decides to appeal against the decision, it is said to be an appeal. There are always people who feel cheated or disappointed by a verdict of the court. These people seek relief from the judgment as they appeal in a higher court of law for the reversal or modification of the verdict. An appeal is, therefore, a plea for a second judgment on the same matter by the aggrieved party. In most judicial systems, an appeal is considered a right of the people and a tool to seek redressal if a party feels it has been wronged by the decision of the court. An appeal is always preferred in a higher court of law. In case an appeal fails, a second appeal can be filed. An appeal is always filed by one of the concerned parties.
Review is a tool that is used by an aggrieved party, to request a court of law to take a second look at its decision or verdict. Review is used in situations where there is no provision for an appeal. Review is not a statutory right of the people and is considered a discretionary right of a court as it can reject the request for a review. Review is sought in the same law court from where the original decision came. There is no system of a second review. Review can be undertaken suo moto by a court of law.
What is the difference between Appeal and Review?
• Review is mostly concerned with the correctness of the legal matters of a decision whereas an appeal is mostly concerned with the correctness of the decision itself.
• Review is filed in the same court whereas appeal is filed in a higher court.
• Appeal is a statutory right of the individual whereas review is a discretionary right of the court.
• Procedural irregularity, impropriety, irrationality, and illegality form the basis of a review whereas there can be grounds of dissatisfaction or disappointment for filing an appeal.
• An appeal is a request to change or modify the decision or verdict whereas review is a request to look into the legality of the ruling.