In a trial or hearing, the parties involved usually focus on establishing facts and evidence that presents their side of the case in the most favorable light. At the same time, lawyers make arguments to discredit or undermine evidence presented by the opposition.
In an appellate case, the process is quite different, as most of the time the facts on appeal will be accepted based on the judge’s findings at the trial. Instead, when parties appeal a decision, they usually do so on the basis of law rather than fact. Specifically, a Charleston federal appeals attorney may argue that the judge in the original case incorrectly interpreted the law or misapplied the law to the facts.