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Guilherme Mazui

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What is the Difference Between Appeal and Review?

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The main difference between an appeal and a review lies in their focus and purpose. Here are the key distinctions between the two:

  1. Appeal: An appeal is a request to change or modify a decision or verdict. It focuses on the merits of the decision and often involves a higher court re-examining the case and potentially reversing or modifying the original decision. Appeals can only be filed if there is a statutory right to do so.
  2. Review: A review is a request to examine the legality of a ruling or decision. It focuses on the process leading to the outcome, rather than the outcome itself. Reviews are usually sought in the same court where the original decision was made and may be undertaken suo moto (on the court's own initiative). Unlike appeals, reviews are a discretionary right of the court.

In summary, an appeal is about re-examining the merits of a decision, while a review is about examining the legality of the ruling or decision.

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  • What is the Difference Between Appeal and Review?
  • Comparative Table: Appeal vs Review

    • Comparative Table: Appeal vs Review

    The difference between an appeal and a review can be summarized in the following table:

    Feature Appeal Review
    Meaning A request made to a superior court to review the decision given by a subordinate court. Re-examining and amending a decision with a view to correct it and make it just and fair.
    Purpose To correct an error in the application of the law or to assess the correctness of the decision made. To determine whether the lower court's decision was justified based on the evidence presented.
    Frequency Can be made multiple times. Can be made only once.
    Substantive Right Yes, it is a substantive right conferred by the statute. No, it is the discretionary power of the high court regarding acceptance or rejection of a petition for revision.
    Filing Made to the superior court, which can be a district court or high court. Filed to the high court for the decision made by the lower court working under that high court.
    Grounds Can be made on the grounds of the question of law and fact. The essential question in review proceedings is not the correctness of the decision under review but whether it is justified based on the evidence presented.
    Evidence Evidence is placed before the court by its inclusion in the appeal book. The standard of review applied is generally based on the type of ruling up on appeal and the decision-maker below.

    In summary, an appeal is a request to a superior court to review a decision made by a lower court, while a review is a re-examination of the decision to determine its justification based on the evidence presented.

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    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.